High Chief Lulu-Briggs: Son denies stepmother’s accusations of delaying burial
A new wave of intricate twists has emerged to becloud the pending funeral rites and burial of the late Nigerian philanthropist and businessman, High Chief Olu Benson Lulu-Briggs.
The latest is that the widow of the late High Chief Lulu-Briggs, Mrs Seinye Lulu-Briggs who has mounted a legal challenge to the orders of the High Court in Accra for the release of the body for burial in Nigeria, on the grounds that Justice Eric Kyei Baffour who gave the orders erred in many ways, is blaming her stepson, Dumo Lulu-Briggs for causing the delays to the funeral and burial rites.
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In an article authored and published by her spokesperson, Mrs Seinye Lulu-Briggs says her stepson has not fulfilled some preconditions for the release of the body hence the delay in conveying the body to Nigeria in keeping with the same court orders.
Among other accusations, the article says; “Dr. Mrs. Seinye has no desire to stop the burial of her husband. Her appeal against the judgment that ordered the Ghanaian Police and the mortuary to release her husband’s corpse for burial was because Dumo went to obtain the body without complying with any of the pre-conditions imposed on him by the court. She maintains that if he complies with the Court-ordered pre-conditions, her appeal will be withdrawn.”
Dumo however, has denied the allegation, insisting that he never went to Transitions to take the body of his father, rather he has on behalf of the family, fulfilled all responsibilities imposed on him and the family by the court orders, while his stepmother continues to frustrate the processes and at the same time portraying herself as the innocent grieving widow to the public.
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On December 23, 2019, Justice Kyei Baffour, a Court of Appeal Judge sitting as an additional High Court Judge at the Commercial Division of the High Court, had expressed the hope that his orders would bring an end to the year-long family wrangling so the father and husband they all claimed to love so dearly could be buried. His five specific orders were:
1. That the mortal remains of the deceased, High Chief (Dr.) Olu Benson Lulu-Briggs be released by the 4th Defendant, Enterprise Funeral Services Ghana Limited (Transitions place) and the Ghana Police Service, to the family by custom, led by Chief Dumo Lulu-Briggs, to convey same to Nigeria, for the burial and funeral rites.
2. That the delegation led by Chief Dumo Lulu-Briggs that will convey the body of the deceased to Nigeria, should include two representatives of the Plaintiff/Widow, who should be part of the delegation that will convey the body to Nigeria.
3. That the family of the deceased, led by Chief Dumo Lulu-Briggs, will give a binding unconditional undertaking that, under no circumstance will the family allow or suffer the Plaintiff/Widow to undergo any cruel, inhumane or barbaric customary practices in Nigeria, when the body is conveyed.
4. That the family, led by Chief Dumo Lulu-Briggs, will further undertake that the Plaintiff/Widow will be ably represented in the burial and funeral preparations, and will be allowed to play her role as a widow mourning her deceased husband.
The court further ordered the 37 Military Hospital which conducted an autopsy on the body of the deceased to file the autopsy report at the Registry of the Court within three (3) days upon service of the Order on the Hospital.
On the same day of the ruling, Chief Dumo Lulu-Briggs filed in court the undertaking that under no circumstance would the family allow or suffer the Widow to undergo any cruel, inhumane or barbaric customary practices in Nigeria.
However, on December 24, 2019, a day after the court ruling, the widow filed processes at the Court of Appeal, Accra, saying she was dissatisfied with the orders of the High Court and for which she sought a number of reliefs.
Her grounds for the appeal are that:
a) That the learned trial judge erred in determining the Appellants' substantive suits without affording the Appellants the opportunity to prove their case through a trial.
b) That the trial judge erred in determining the Appellants' suit solely based on the affidavits in support and in opposition to the injunction applications before him.
c) That the trial judge erred in holding that Dumo Lulu-Briggs is the head of the Deceased's family.
d) That the trial judge failed to recognize Madam Seinye Lulu-Briggs' unchallenged permits and approvals to repatriate the Deceased's body as conferring a right and duty on her to do same.
e) That having adjourned proceedings in order to hear pending interlocutory applications, the learned trial judge acted arbitrarily in delivering a final ruling on the suit.
f) That the order of the trial judge is against the weight of evidence on record.
She also served notice she would file additional grounds upon receipt of a certified copy of the proceedings of the Court.
For all these she asked the Court of Appeal for:
1. An order setting aside the order of the trial High Court that the mortal remains of the Deceased, High Chief (Dr.) Olu Benson Lulu-Briggs be released by the 4th Defendant/Respondent (Enterprise Funeral Services Ghana Limited) and the 5th Defendant (Ghana Police Service) to the family, led by Chief Dumo Lulu-Briggs, to convey same to Nigeria, for the burial and funeral rites.
2. An order remitting the case to the trial High Court, differently constituted, to be reheard.
3. An order directing the trial High Court to hold an inquiry as to whether under the customary law of the Kalabari people, Dumo Lulu-Briggs, Senibo Lulu-Briggs, and Sofiri Lulu-Briggs or their successors, servants, agents, assigns, employees and workmen, howsoever described, are entitled to custody of the Deceased's body.
4. An interlocutory injunction restraining Dumo Lulu-Briggs, Senibo Lulu-Briggs, and Sofiri Lulu-Briggs their successors, servants, agents, assigns, employees and workmen, howsoever described, from interfering with the Deceased's body and conveying same to Nigeria until the trial High Court determines the Appellants' substantive suit.
5. An interlocutory injunction restraining the 4th Defendant/Respondent/Respondent (Enterprise Funeral Services Ghana Limited) from releasing the Deceased's body to Dumo Lulu-Briggs, Senibo Lulu-Briggs, and Sofiri Lulu-Briggs their successors, servants, agents, assigns, employees and workmen, howsoever described, pending the determination of the instant appeal.
In the meantime, Dumo and his brothers claim their stepmother has yet to avail herself, or nominate any representation to family meetings to plan the funeral, as ordered by the High Court.
The Court of Appeal will hear Seinye Lulu-Briggs’ appeal on Friday, January 24, 2020, and if she succeeds in her appeal for a re-hearing, then the matter will go before another judge of the High Court for litigation and resolution of the issue of who is entitled to take the body of the late High Chief O.B. Lulu-Briggs for burial in Nigeria.
It is now past one year since the old man died (88 years old then) to usher in the wrangling between the stepsons who suspect their father did not die a natural death in Ghana but was brought in at the Kotoka Airport in Accra already dead, and their stepmom who insists there was no foul play in her husband’s death.
Until the High Court ruled for the release of the body to the sons and paternal family, the sons had argued that it is their responsibility to bury their father by native law and custom, while the widow also says she has an equal right and duty to bury him.
