Legal Question in Civil Litigation in Nigeria

Hello Sir,

I lost my dad 2yrs ago. As the eldest child and a male too, i decided not to take full control of his bank accounts even though i was my dad chose me as his next of kin because am already blessed - thanks to my job. So i went for a joint account with 2 of my immediate brothers (Tim and Quincy) and i as signatories. We'd 3 accounts-2 of them had the 3 of us as signatory while the other 1 had any 2 of us as signatory.

Today, my 2 immediate younger ones have overdrawn the 3rd account without my knowledge as the eldest.

But before the "illegal withdrawals" we'd agreed to withdrawn about 1.9million naira for my immediate younger one (Tim) to add to his business so we could make profits for the family and even feed the family i.e my siblings from the profits without expending the principal. My immdiate younger one who had worked for about 3 months just after the demise of my dad, decided on his own to spend part of his earnings on my late dad's uncompleted property-no body except him knew how much he spent on that house.

A few months after giving him (Tim) the family money for business,we got to know that his girlfriend was pregnant and so his attitude changed!! He stopped rendering accounts to us so i decided to stop assisting my sibling like i'd been doing until he renders the profits and family money.

After much pressure,he has rendered the account saying he collected 1.2million naira from the money given to him being what he spent on my dad's property WITHOUT OUR CONSENT!! and the balance of seven hundred was used for feeding our siblings.

Now, i do not want him to go scot free so am thinking of getting a resolutuion from my uncles and sibling declaring Tim unfit to remain a signatory to the family account and that he should be replaced with someone else, and then go to court with it. In addition, i intend to suggest sharing our inheritances i.e the monies left in the account and the uncompleted property with the 1.9million naira given to him as the baseline. Please is this fair enough? if no pls give me suggestions and if yes-what else can i do legally to purnish him for embezzlement without getting the police involved?

Asked on 9/07/09, 4:47 am

1 Answer from Attorneys

Okey Onyekanma Inns Law Firm

I personally think you and the other brother should call a meeting and divide the monies in the banks ab ni tio i.e all the cash as it existed when your father died.

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Answered on 9/07/09, 7:06 am

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