June Ashimola, 55, appeared at the High Court via video link from Nigeria to prove a death certificate issued in her name was fraudulent.
It was being used by associates of Tony Ashikodi, a convicted fraudster, to win power of attorney over a house she owned in Woolwich, south-east London.
The High Court was told Ms Ashimola brought the case after being falsely declared dead with power of attorney over her estate – which consisted principally of a house – granted to the associates of Ashikodi.
“This is an unusual probate claim in that the deceased says she is very much alive,” Deputy Master Linwood said. “The root of this claim is a long-running battle or campaign waged by a Mr Tony Ashikodi for control and/or ownership of the property.
“Ms Ashimola left the UK for Nigeria in about October 2018 and has not returned since. This claim involves wide-ranging allegations of fraud, forgery, impersonation and intimidation.”
Death certificate was false
The court heard that in October 2022, power of attorney over the estate, including the property, was granted to Ruth Samuel on behalf of Bakare Lasisi, who claimed he had married Ms Ashimola in 1993.
The pair claimed Ms Ashimola had died in Nigeria in February 2019 without leaving a will.
At the High Court, a copy of her death certificate was produced and claims were made that sightings of her since her death were actually a different woman “masquerading” as her.
However, Ms Ashimola claimed she was only “allegedly deceased” and that the certificate was “false and fraudulent”.
She added that the grant relating to her estate and the house had been “improperly” obtained.
Ms Ashimola was unable to attend the court in person due to visa issues.
However, the judge ruled that she was who she said she was.
‘Husband’ didn’t exist
And after hearing the evidence of Ashikodi – who was jailed for three years in 1996 for obtaining property by deception – Deputy Master Linwood concluded he had “orchestrated” the fraud and attempted to “mislead the court”.
Among his findings was that Ms Ashimola’s husband, Mr Lasisi, did not exist, despite numerous emails purportedly sent by him.
“I find Ms Ashimola is alive and that the death certificate was forged and/or fraudulently obtained or produced or concocted,” he said.
“Her alleged death was part of Mr Tony Ashikodi’s attempts to wrest control of the property from her.
“The person who appeared before me and identified herself as Ms Ashimola was physically like her photographs in each passport.
“I find that Ms Ashimola was not married to Mr Lasisi and that the marriage certificate is a concocted or fraudulent document for these reasons:
“I do not accept Mr Lasisi exists or if he does is aware of his identity being used. I do not accept that emails supposedly from him were actually from him.”
Based on his findings, Deputy Master Linwood revoked the grant relating to the power of attorney.
The court was told that between them, the two parties had already run up ‘disproportionate’ legal costs of more than £150,000, which may exceed the equity in the property.
(The Telegraph)
