The Lagos State High Court has ordered the Lagos State Administrator-General to take over the interim administration of the estate of late billionaire industrialist, Chief Labode Akindele, pending the determination of a legal dispute over his Will.
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Justice Tanimola Ajorin-Ajose made the order following an application filed by the deceased’s first son, Mr. Oladipo Akindele, who is challenging the validity of the Will and seeking to prevent the alleged dissipation or mismanagement of his late father’s assets.
Chief Akindele, who was the Parakoyi of Ibadan, died on June 29, 2020, at the age of 88 at his residence in Lagos.
In the substantive suit, Oladipo sued 16 defendants, including the deceased’s widows, children, relatives, associates and officials of the Lagos State High Court Probate Registry.
Those joined as defendants include Rev. Michael Stephen, Prof. Wale Tomori, Rev. Canon Kolawole Jaiyeoba, Mrs. Oluwatoyin Isemede, Mrs. Abiola Aderibige, Mrs. Abiodun Duduyemi, Mrs. Ajoke Braithwaite, Mrs. Oluyemisi Oladapo, Mrs. Titilola Madedor, Mrs. Afolake Coker, Miss Ayodele Akindele, Mr. Mobolaji Akindele, Mrs. Mojisola Shonibare, Mrs. Roseline Akindele, Miss Samantha Stevenson, the Registrar of the Probate Registry and the Administrator-General of Lagos State.
The claimant is asking the court to declare the entire Will invalid on the ground that it allegedly failed to comply with the provisions of the applicable Wills Law and therefore cannot serve as a lawful basis for administering the deceased’s estate.
He also raised concerns over the management of the estate, which he said includes properties generating rental income. He alleged that some rents had remained unpaid, while income from some properties had not been properly accounted for.
According to the claimant, the absence of an effective executor or administrator placed the estate at risk of waste, dissipation or mismanagement while the dispute over the Will remained pending.
Ruling on the application, Justice Ajorin-Ajose appointed the Lagos State Administrator-General as interim administrator of the estate pending the hearing and determination of the substantive suit.
The judge ordered the Administrator-General to operate under the immediate control and direction of the court and to file quarterly reports on the administration of the estate.
The court also directed all parties in the suit to cooperate with the Administrator-General to ensure the preservation of the estate.
Some of the defendants had opposed the application, challenging the claimant’s case and questioning the jurisdiction of the Lagos State High Court.
They argued, among other grounds, that the properties allegedly forming part of the estate had not been sufficiently identified and that the claimant’s affidavit contained vague and speculative allegations.
They also questioned the territorial jurisdiction of the Lagos State High Court, particularly in relation to assets said to be located outside Lagos State and Nigeria.
However, the court rejected the objections, holding that the immediate issue before it was the preservation of the estate and prevention of waste pending the determination of the substantive dispute.
Justice Ajorin-Ajose held that it was not necessary, at the interim stage, to determine the precise properties constituting the estate before taking steps to protect the assets.
The judge also noted that the Will was under challenge and that, at the time of the application, there was no executor or administrator effectively in place to manage the estate.
The court consequently held that the application for the appointment of an interim administrator was meritorious and ordered the Administrator-General to assume responsibility for the estate on an interim basis.
The order will remain in force pending the hearing and final determination of the substantive suit challenging the validity of the Will.
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