4th March, 2015
Akin Kuponiyi
A Lagos lawyer and human rights activist, Ebun-Olu Adegboruwa, filed a new suit at the Lagos High Court, Igbosere, seeking to restrain the Lagos State Government and Lagos State House of Assembly from striping the High Court of Lagos State of its jurisdiction and powers over the administration of probates (the official proving of a will).
The case is suit No. LD/491CM/2015, wherein he seeks an order of injunction to restrain the Lagos State Government and the Lagos State House of Assembly, whether by themselves, their servants, officers, agents, banks, privies or otherwise howsoever, from removing, excising, privatizing, taking away, outsourcing, taking over or in any other manner managing the functions and powers conferred on High Court of Lagos State, in relation to probate matters.
Adegboruwa also seeks an order of injunction to restrain the House of Assembly of Lagos State, whether by itself, its servants, officers, agents, committees privies or otherwise howsoever, from making, enacting, considering, deliberating upon, proposing or in any other manner taking any step(s) for the purpose of removing, excising, privatizing, taking away, outsourcing, taking over or in any other manner empowering the Executive arm of the government of Lagos State, its agents and organs, to manage the functions and powers conferred on High Court of Lagos State, in relation to probate matters.
The suit was commenced by Originating Summons, seeking the court’s determination of certain questions of law. In the affidavit in support of the case, Adegboruwa stated that since the creation of Lagos State, the probate division has always been part and parcel of the High Court but that very recently, the current administration of Lagos State, in collusion with the House of Assembly, have decided to privatize the administration of probate to private persons, purely to generate revenue.
He stated further that the House of Assembly of Lagos State has been meeting secretly and holding clandestine proceedings for the purpose of considering and passing a bill that will remove the probate division of the High Court and firm it out to private persons. No public hearing is being held at all and relevant stakeholders such as lawyers, the Nigerian Bar Association, etc, are not in the picture of this plot.
Adegboruwa is contending that this decision will lead to arbitrariness as the administration of the estate of dead persons are mostly confidential and sensitive in nature and should not be left in the hands of private individuals as this may discourage many families from approaching the probate division at all.
No date has been fixed for the hearing of the suit.