By Innocent Anaba
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, amid a legal dispute over his Will.
Justice Tanimola Ajorin-Ajose made the order following an application by the deceased’s first son, Mr. Oladipo Akindele, who is challenging the validity of the Will and seeking to prevent the dissipation of his late father’s assets pending the determination of the substantive suit.
Akindele, who was the Parakoyi of Ibadan, died on June 29, 2020, at the age of 88 at his residence in Lagos.
The claimant had sued 16 defendants, comprising the deceased’s widows, children, relatives, associates and officials of the Lagos State High Court Probate Registry, over the disputed Will.
Among those joined as defendants are 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.
In the substantive suit, the claimant is asking the court to declare the entire Will invalid, arguing that it failed to comply with the provisions of the applicable Wills Law and therefore could not constitute the legal basis for administering the deceased’s estate.
The claimant had also raised concerns over the management of the estate, which includes properties generating rental income, alleging that some rents had remained unpaid and that income from some of the properties had not been properly accounted for.
He argued that 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 interim administrator to operate under the immediate control and direction of the court and to file quarterly reports on the administration of the estate.
The court further directed all parties to cooperate with the Administrator-General to ensure the preservation of the estate.
The application had been opposed by some of the defendants, who challenged the claimant’s case and questioned the jurisdiction of the Lagos State High Court.
The defendants argued, among other things, 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 deceased’s 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 interim administration of the estate.
The order will remain in force pending the hearing and final determination of the substantive suit challenging the validity of the Will.
