When Dr. Tosin Ajayi passed away on April 26, 2020, he left behind a highly successful medical estate and a complicated domestic history. For nearly twenty-five years, he had been cohabiting with Helen Prest, a prominent lawyer and former beauty queen. They shared a daughter, attended family functions together, and lived in what many in high society viewed as a functional marriage.
Yet, in June 2026, the Lagos State High Court ruled that Helen Prest was legally nothing more than a third party to his estate. The court granted Dr. Ajayi’s legal wife, Adenike, and her children the right to administer the multi-million naira estate, affirming that Adenike was entitled to her one-third statutory share as the only lawful widow.
The case underscores the reality that under Nigerian law, intentions, time, and social perceptions do not override statutory legal frameworks.
1. Separation is Not Dissolution
One of the central pillars of Helen Prest’s defense was that Dr. Ajayi had been completely estranged from his first wife, Adenike, for decades before they met in 1996. However, the court delivered a foundational reminder regarding statutory marriages (marriages under the Marriage Act):
“Separation, no matter how prolonged, does not dissolve a valid marriage unless there is a formal dissolution.”
Under the law, a statutory marriage is strictly monogamous. It cannot be dissolved by packing bags, moving out, or ignoring one’s spouse for thirty years. It can only be undone by a decree absolute issued by a competent court of law. Because Dr. Ajayi never legally divorced Adenike, he remained married to her until his final breath.
2. The Danger of “Double Marriage” (Bigamy)
Helen Prest asserted that she had entered into a valid Kalabari customary marriage with Dr. Ajayi. The court highlighted a fatal legal flaw in this argument: a person who is already bound by an undissolved statutory marriage cannot contract a valid customary marriage with someone else.
Furthermore, the court revealed that Helen Prest herself was still legally married to her former husband, Mr. Davies, at the time she claimed her customary union with Dr. Ajayi began. Under Nigerian law, attempting to stack a customary marriage on top of an existing, undissolved civil marriage renders the subsequent union null, void, and legally non-existent.
3. Evidentiary Standards for Customary Marriages
Even if Dr. Ajayi had been free to marry, the court noted that Prest failed to present credible, basic evidence to substantiate the customary wedding. During cross-examination, her testimony faltered:
She wavered in her definitions, describing herself variously as a common-law partner and a civil-law wife.
She could not provide specific details on when and where the Kalabari customary ceremony took place.
There was an absence of documentary or photographic evidence showing family consent and the performance of traditional rites.
In high-stakes estate litigation, the court requires strict proof of marriage, not just social recognition or family event photographs.
4. The Illusion of the “Common-Law” Spouse
Nigeria does not recognize “common-law marriage” by cohabitation. No matter how many decades a couple lives together, how many assets they purchase together, or how highly regarded they are in society, cohabitation does not automatically confer spousal rights or inheritance privileges if one or both partners remain legally tied to previous spouses.
Actionable Takeaways for Tomorrow
The tragic outcome of this multi-year legal feud is that Dr. Ajayi’s true intentions for Helen Prest and their daughter were likely overridden by his failure to take proper legal steps during his lifetime.
Clean Legal Breaks: If a marriage is over, formally dissolve it through the courts before building a new life or attempting a subsequent marriage.
Write an Unassailable Will: If an individual chooses to cohabit outside of a legal marriage, they must protect their partner via a robust, legally sound Will or through a Living Trust. A Will allows an individual to leave assets to anyone they choose, regardless of marital status. Without a Will (dying intestate), the state defaults strictly to statutory next-of-kin frameworks.
Understand the Limits of Customary Rites: Traditional marriage ceremonies are rich with cultural value, but they cannot legally bypass or override an existing marriage registry certificate.
Ultimately, the law rewards precision over sentiment: The First Foundation case serves as an enduring reminder that if you do not define your estate and your unions within the strict boundaries of the law, the courts will eventually do it for you—often with consequences that contradict your lifelong choices.