Mother, wife’s nine year battle over Ajala’s $2 million compensation, children


NEW YORK : Closure has come for the family of the late Godwin Ajala who was  slain in the 9/11 terrorists attack on the World Trade Centre. This is  because the appellate division of the Supreme Court of New York County  on May 5, 2001  upheld the decision of the surrogate court, which had earlier  awarded the $2 million September 11 victims compensation fund (VCF) to  Victoria Ajala, the wife of Godwin Ajala and their three children.

Mabel Udu Ajala, the mother of Godwin Ajala and Sebastian O. Ibezim had earlier approached the surrogate court of New York County to be made the co-guardians of the children of Godwin Ajala and executors of his estate. The Surrogate court refused their request through Judge Boothe Kristin Glen’s order of July 2009. In ruling them, Judge Glen had asked the counsels “why is a guardian necessary for the children when the mother is alive ?”

The case has dragged on for nearly nine years due to the two claims made to the VCF by the lawyers for the wife and mother of Godwin Ajala.  In her petition, Mabel Ajala, the mother of the victim asked the surrogate court to grant her guardianship of three children (Onyinyechi, Uchechukwu and Ugochi, all minors) that Victoria Ajala had with her late husband, Godwin Ajala. The mother further averred that “Godwin and Victoria were never married”.

What further complicates the case was the decision of Godwin Ajala to  make his mother, Mabel  the sole beneficiary of a $400,000 life  insurance, he took .

The Enugu State (his town Ihenta is actually in Ebonyi State) born Ajala also took out a second life insurance in  which he made Victoria, his wife as the beneficiary. The arrangement by the deceased victim of terrorist master-mind, Osama Bin Laden turned his mother against his wife which has now led to almost a decade-long litigation. Godwin’s mother, Mabel got a staggering $400,000 insurance pay-out even though, she lives in Nigeria. Victoria who used to live in Nigeria got her $100,000 pay out in person after the US Embassy in Nigeria granted her a humanitarian visitor’s visa to enable her to come to New York to represent the interest of the family.

After overstaying her visa, AA-USA gathers, Victoria travelled to Nigeria in 2004 and has not been able to return to the United States since then. Victoria is being represented by Attorney Fatai Lawal in New York. When the family feud raged over the $2 million cash, reports say that Mabel took custody of the three children through some court arrangements in Nigeria to enable her to convince the American court system that she had the children under her protection. The attorneys for Victoria made several attempts to settle the matter out of court, according to court documents, but Mabel refused. Indeed, in court transcripts, Judge Glen was incredulous when asked to make Mabel the sole executor of the $2 million estate: Judge Glen exclaimed !” What? Do you know what you are talking about? You want me to give all the money to Mabel?   I can’t do that! “

When Judge Glen asked Fatai Lawal, Victoria’s attorney on his condition  for settlement, they wanted New York intestate (death without will) law  to apply, which will mean fifty-fifty for the wife and children . According to court transcripts, Mabel’s attorneys, Nnebe & Associates, PC, Williamsburg opposed the intestate law. Mabel’s lawyers claimed that they do not know Victoria. At that point, as reported in African Abroad USA of August 15, 2009, Judge Glen interjected and said “hold it. Victoria is not a stranger here. Is Victoria not the mother of the kids? She did not just walk on from the streets.” Judge Glen then  ruled April 22, 2010 that Victoria should be the sole guardian and  executor of Godwin Ajala’s estate following Fatai Lawal’s application  asking the court to dismiss Mabel’s petition and directing that  Victoria be made executor entitled to the $2 million.

Dissatisfied, Mabel’s lawyers approached the appellate court seeking a reversal of Judge Glen’s decision of April 22, 2010. In a unanimous ruling on May 5, 2011, the five member appellate Judges upheld the decision of Judge Glen making Victoria Ajala the sole executor of the late Godwin Ajala’s estate without cost. The Judges are Andrias, JP, Sweeny, Catterson, Renwick, Manzanet-Daniels in suit 3314/02;3668/05; 3669/05; 3670/05; 4980. In the ruling, the judges re-affirmed Judge Glen’s order appointing Victoria Ajala as the guardian and executor of Godwin Ajala’s estate, while also dismissing Mabel Ajala’s petition/appeal.

“We find the court did not abuse it’s discretion or violate appellants’ due process rights by sua sponte vacating its May 2, 2006 decree granting appellants’ letters of Guardianship pursuant to the  surrogate’s court procedure Act & 707 (1)(c), Mabel Ajala, as a  non resident alien, was ineligible to serve with Sebastian, a non  resident of the state of New York, as sole co-fiduciary,  Hence the court properly dismissed appellant Mabel Ajala’s petition to release the subject funds because Mabel Ajala lacked standing,” the appellate court wrote.

With the ruling, the matter, according to judicial sources has come to an end as the decision by the five appellate judges was unanimous. This means that Mabel and her lawyers will not get a penny, even though they were offered $200,000 by Victoria to discontinue the case, which they refused.

Sources say that Attorney Fatai Lawal has already filed an application before the New York County surrogate court for the release of the $2 million VCF to Victoria Ajala and her children just in time for the tenth anniversary of the death of Godwin  Ajala, their bread winner.

Culled from AFRICAN ABROAD USA EDITION

wow. 3 kids yet didnt want to recognise the woman

Sep 11

greedy mother in law

Let them grant Victoria and the kids visa to go to US and start chopping the money. If not,-Mabel may use winchi winchi to continue the fight. Many of you know what I'm saying

After chopping 400k, she wants the mother Of those children to go empty handed. I am tempted to call her bad mother-in-law. I am strongly tempted to.

This mother in-law is a greedy person. If not, why will she be fighting his son's wife for compensation? Is it not a taboo in some places?