By Barrister Johnson For the Gbagi Family
Our attention has been drawn to the statement made by Mr. Zik Gbemre, dated December 7th 2025, in which he attempted to discredit the rightful position of Chief Emuoboh Gbagi and to distort the facts concerning the family of the late Olorogun Kenneth Gbagi.
Observably, Mr. Zik Gbemre appears to have been co-opted by his wife who has portrayed herself long before now immediately preceding the demise of Olorogun Kenneth Gbagi, as having been hired by Hon. Justice Sybil Gbagi, to unjustifiably, but virulently attack the person of Chief Emuoboh Gbagi. While it may not be desirable to join issues and trade words with Mr. and Mrs. Zik Gbemre, their actions and roles of busybodies crying more than the bereaved, which they have arrogated to themselves, and which with respect to say the least, unfortunate compel this rejoinder. For the avoidance of doubt, we hereby set the records straight, both in law and in Urhobo custom:
This response is grounded in Urhobo customary law, Nigerian statutory law (including the Marriage Act, Evidence Act, and Companies and Allied Matters Act), judicial precedents, and verifiable facts about the Gbagi family structure. The following points systematically address and refute Mr. Gbemre’s assertions, affirming Chief Emuoboh Gbagi’s rightful position and protecting the integrity of the late Kenneth Gbagi’s legacy.
(i) Evelyn’s Status as First Wife: Separation Does Not Constitute Divorce
Mr. Gbemre’s claim that Evelyn Gbagi, mother of Chief Emuoboh Gbagi, is a “former wife” due to her separation and alleged remarriage to a Mr. Turner Darryl is baseless and legally incorrect. Under Nigerian law, specifically the Marriage Act (Cap. M6 LFN 2004), a statutory marriage remains valid until dissolved by a court-issued decree absolute, as affirmed in Obusez v. Obusez (2007) 10 NWLR (Pt. 1043) 430. Separation, whether prolonged or not, does not terminate a marriage in the absence of judicial intervention. Evelyn and Kenneth Gbagi were married under both statutory and customary rites, with no evidence of divorce proceedings or a decree absolute. Urhobo customary law, as recognised in Eshiet v. Eshiet (2001) 4 NWLR (Pt. 702) 162, similarly upholds the validity of a prior marriage unless formally dissolved.
Allegations of bigamy are speculative and lack substantiation under the Evidence Act (Sections 82-90), which requires concrete proof to challenge marital status. Evelyn remains Kenneth Gbagi’s first and legal wife, entitled to reside in the family home and enjoy spousal rights under Section 18 of the Married Women’s Property Act and Urhobo customs, which protect the principal wife from eviction post-husband’s death. Mr. Gbemre’s suggestion to “settle” Evelyn elsewhere violates these legal and cultural protections, constituting the true taboo.
(ii) Evelyn as Mother of Eight Children and Legally Recognised First Wife
Mr. Gbemre’s attempt to diminish Evelyn’s status by implying she is a concubine or “former wife” ignores documented evidence. Evelyn is the mother of eight children by Kenneth Gbagi, including Chief Emuoboh, and is the first and legally recorded wife in all official documentation, including marriage certificates, family registries, and corporate records. Under the Legitimacy Act (Cap. L6 LFN 2004) and Urhobo customary law, as affirmed in Ukeje v. Ukeje (2014) 11 NWLR (Pt. 1418) 384, all children born within a valid marriage are legitimate heirs with equal inheritance rights, irrespective of their mother’s designation as wife or “osen.”
The Supreme Court in Ukeje struck down discriminatory practices but upheld equality among legitimate heirs, reinforcing Evelyn’s children’s rights, with Emuoboh as the eldest gate. Kenneth Gbagi himself introduced Emuoboh as his senior son, a fact verifiable by family members, the public and consistent with the Evidence Act’s presumption of legitimacy (Section 165). Mr. Gbemre’s challenge to Emuoboh’s seniority lacks legal or cultural grounding and disregards the burden of proof required to contest legitimacy.
(iii) Evelyn’s Contributions to Kenneth’s Business Empire vs. Sybil’s Exclusion
Mr. Gbemre’s narrative omits Evelyn’s significant role in Kenneth Gbagi’s business empire, which underscores her legal and equitable status as the first wife. Evelyn served as a Director and shareholder in several of Kenneth’s companies particularly GKO Properties Limited, with her contributions documented in Corporate Affairs Commission (CAC) filings pursuant to the Companies and Allied Matters Act (CAMA) 2020 (Sections 271-279). These filings recognise spousal contributions to marital property as joint assets, as seen in Awojugbagbe Light Industries Ltd. v. Chinukwe (1995) 4 NWLR (Pt. 390) 379.
In contrast, Hon. Justice Sybil Gbagi, a recent customary wife—akin to an “osen” or concubine in Urhobo parlance—played no role in building these investments and was never included as a director or shareholder. Kenneth, a seasoned lawyer, deliberately excluded Sybil from these corporate structures, reflecting her secondary status. Under Urhobo customs and equitable principles, Sybil’s lack of contribution limits her claims to personal maintenance, not proprietary interests, reinforcing Evelyn’s foundational role.
(iv) Sybil’s Lawsuit as a Cultural and Legal Abomination
Mr. Gbemre’s defence of Hon. Justice Sybil Gbagi’s lawsuit to claim the Abuja residence and Oginibo country home is misguided and contradicts Urhobo customary law. As a childless customary wife, Sybil’s attempt to assert next-of-kin status over ancestral and communal properties violates Urhobo traditions, which, per The Urhobo People by Ogheneakpobor (2006) and Lewis v. Bankole (1909) 1 NLR 82, reserve custodianship for the senior legitimate son or principal heirs. Chief Emuoboh Gbagi occupies this role lawfully and customarily.
The Oginibo ancestral compound and permanent family homes in Abuja are not for personal ownership, but by custom remain under the custodianship of the senior son for the benefit of the entire family. Such claims by a non-procreative wife are taboo, disrupting ancestral lines. Any attempt by Sybil, George, or Michael to appropriate these properties for themselves is contrary to both Urhobo custom and the equitable distribution of inheritance. Sybil’s lawsuit is frivolous and outrightly an overreach. Publicly exhibiting this lawsuit, as Mr. Gbemre suggests, would expose its cultural and legal invalidity, not Emuoboh’s actions.
(v) Emuoboh’s Legitimate Seniority and the Ulterior Motives of Sybil’s Supporters
Chief Emuoboh Gbagi’s resistance to Mr. Gbemre’s claims is rooted in Urhobo customs taught him by his father, Kenneth, and affirmed by the head of the Gbagi family who recognises Emuoboh as the senior son, as introduced by Kenneth during his lifetime. Chief Emuoboh Gbagi was introduced personally by his father during his lifetime to the family and the Urhobo community as the senior son and custodian of the family compound. This recognition carries full weight under Urhobo custom.
By contrast, George and Michael—now being packaged by Sybil—were never declared or introduced by Kenneth as biological/senior sons respectively during his lifetime. In fact, Mr. Gbemre may pretend not to be aware that George contested for the position of House of Assembly member in Ethiope East Constituency in the 2023 general elections in the name of GEORGE OGHENEKEVWE EMUERO under the platform of Social Democratic Party (SDP). Where doubts exist as in this instance, DNA testing can be undertaken, but even if proven, they take their place after the last recognised child, as Urhobo tradition requires that only sons openly acknowledged by the father during his lifetime may assume ancestral leadership.
In conclusion, Zik Gbemre’s publication is misleading, defamatory, and a distortion of both law and Urhobo custom. The facts remain:
– Evelyn is the first and legal wife, mother of eight children, and long-standing partner in Kenneth’s business life.
– Chief Emuoboh is the recognised senior son and custodian of the family homes.
– Sybil, while not denied benefits, has no right to appropriate the entirety of Kenneth’s estate, especially as she bore no children for him.
– Attempts by Sybil, George, and Michael to claim corporate assets or seize ancestral homes amount to greed, conspiracy, and violation of custom.
The Gbagi family stands firmly on the side of truth, law, and custom, and will resist any misrepresentation or unlawful attempt to distort the legacy of late Olorogun Kenneth Gbagi.