Legal experts have examined the Order issued by the Accra High Court presided over by His Lordship Justice Eric Kyei Baffour, Justice of the Court of Appeal (Sitting As Additional High Court Judge) on 23rd December 2019 and it has been discovered that Mrs. Seinye Lulu-Briggs has again been deceiving the general public through the articles published by her spokesman, Oraye St. Franklyn, into thinking that Chief Dumo Lulu-Briggs had to fulfil certain preconditions before taking his father’s body for burial in Nigeria.
Oraye St. Franklyn, who is himself a lawyer, has published in an article titled, “DUMO LULU-BRIGGS LIED, NO COURT ORDERED STEPMOTHER TO RELEASE FATHER’S BODY” that “Dumo, on his part, was directly ordered to fulfill three pre-conditions before the body can be released for burial. So far he has failed to do so.” Oraye said in another article titled, “REVEALED! WHY DUMO LULU-BRIGGS IS AFTER HIS STEP MOTHER” that “Dumo went to obtain the body without complying with any of the pre-conditions imposed on him by the court. She [Seinye] maintains that if he complies with the Court-ordered pre-conditions, her appeal will be withdrawn.
For the avoidance of doubt, the Order of the High Court is shown below.
The legal experts (excluding Oraye St. Fraklyn) are saying that Black’s Law dictionary defines “precondition” as “a condition that needs to happen before a thing can take place”, and that indeed the court orders cannot be interpreted as preconditions because the court did not say so or use any words to qualify the order for delivery of the body of High Chief O.B. Lulu-Briggs to the family led by Chief Dumo Lulu-Briggs, which would suggest that there were preconditions. The legal luminaries have added that based on the rules of interpretation, if the court wanted that the other 3 orders made in respect of the funeral would be preconditions to 1st order for the family taking the body of the deceased for burial, it would have used words like “subject to” or “on condition that”. No such words were used and the orders of the court are therefore standalone orders, not to be misinterpreted by anyone as preconditions except the truly mischievous Seinye Lulu-Briggs and her spokesman Oraye St. Fraklyn .
In any case, we are informed by counsel for Chief Dumo Lulu-Briggs that as of 24th December 2019, an Undertaking that “the said Family shall:
1. Not suffer the Plaintiff/Widow to undergo any cruel, inhumane or barbaric customary practices in Nigeria when the body of the deceased is conveyed to Nigeria;
2. Ensure that the Plaintiff/Widow will be ably represented in the funeral and burial preparations and will be allowed to play her role as a widow, honouring her deceased husband.”
has been filed in the High Court. This Undertaking satisfies the 3rd and 4th Orders of the court, the 2nd order being that 2 representatives of Mrs. Lulu-Briggs should be part of the delegation which will convey the body to Nigeria. It is obvious that the 2nd order cannot be complied with until the body is ready to be conveyed to Nigeria and requires Mrs. Lulu-Briggs to nominate her 2 representatives, which she is deliberately avoiding doing by dodging any meeting of the family to discuss the burial plans in a bid to further frustrate the burial plans.
So as it stands, there are no preconditions to the Order of the High Court which Chief Dumo Lulu-Briggs is required to fulfill in order to take delivery of the body of his late father to Nigeria for burial. The only thing holding the preparations for conveying the body and burial is Seinye Lulu-Briggs’ appeal in the Court of Appeal, which is to be heard on 24th January 2020. Even if her appeal is dismissed by the Court of Appeal on the said date, the body cannot be conveyed to Nigeria ahead of burial the next day and therefore once again, Seinye Lulu-Briggs has succeeded in frustrating the burial of her late husband on 25th January 2020. A source close to the family has said that the family is yet to decide the new date for the burial and cannot do so until the body of the revered patriarch and philanthropist is safely in Nigeria.
It has become abundantly clear that Mrs. Seinye Lulu-Briggs does not want her husband’s mortal remains to be taken to Nigeria for burial. This is perhaps because she herself, and without the involvement of the family of the deceased has already had a funeral memorial service (not a burial service because it didn’t involve the burying of the corpse) for her deceased husband, in Accra as far back as March 2019 and it seems that she has stopped mourning her husband.