Monday, June 20, 2011

Court orders inventory of MKO’s assets

A Lagos High Court has appointed a judiciary valuation officer with the administrators of the late politician, Chief MKO Abiola, to take inventory of his assets across the country and abroad.

Justice Joseph Oyewole, in an enrolment of order ordered that “everybody who has information regarding any and every asset belonging to the late Chief Bashorun Moshood Kashimawo Olawale Abiola is hereby compelled to release all such information relating to such assets to the applicant, (an Administrator of the Estate).”

The order of the court is expected to give effect to the last Testament of the late Abiola, dated October 25, 1998, where he willed money in his accounts in the United Kingdom to some of his immediate and extended family members and some other beneficiaries.

Justice Oyewole also ordered that the approval on his Will granted by a High Court of Justice of England and Wales, the District Probate Registry at Winchester on July 22, 2010, be 'resealed', to enable the Administrator of the Will to act on it in Nigeria.

Since the order made on the Will was granted outside Nigeria by the High Court of Justice of England and Wales, the District Probate Registry at Winchester, while some of the assets are situated within the country, the applicant, Boma Ozobia, a lawyer, said “it is necessary to have the English Grant, resealed in this state, (Lagos) in order to enable Administrators to deal with those assets.”

This, according to the applicant, will enable them to take proper stock/ inventory of all the assets of Abiola situated in Nigeria as required by law in order to administer them in line with his (Abiola’s) Will.

The order of the court was as a result of a motion filed by Ozobia, on behalf of the Administrators of the the Estate of Chief Abiola, asking the court, among others, to determine

“whether the applicant, (Administrator) is entitled to take inventory of the assets of the deceased and administer them in accordance with the duly proven Will of the late business mogul and “administer them in accordance with the duly proven Will of the deceased by the provision of Order 55 rule 11 of the High Court of Lagos State (Civil Procedure) Rules.”

She also asked the court to determine whether by the provision of the Order 55 rule 3 of the High Court of Lagos State (Civil Procedure) Rule, only the named executors or administrators or an officer of the court are permitted to administer or otherwise deal with the property and other assets of the deceased in accordance with the Will and whether all person in possession or in custody of such assets belonging to the deceased had a duty or obligation to render account of such assets to the administrator.

The trial judge ordered the “resealing of the grant and giving effect to the orders of the High Court of Justice of England and Wales, the District Probate Registry at Winchester, dated October 6, 2004 and the High Court of Justice Chancery Division in London, made by Master Moncaster, dated July 22, 2010, giving validity to the said Will of the deceased dated October 25, 1980 and appoint the persons named therein as administrator, until such time as the said administrators are able to conclude the task of identifying and gathering in all assets of the deceased.”
In an affidavit in support of the summons filed by Ozobia, she said an order, dated October 6, 2004, by the High Court of England and Wales in the District Probate Registry at

Winchester gave force and validity to the last Will made by Abiola, dated October 25, 1998, appointing one Timothy Hugh Daniel of 43, Fetter Lane, London and Kolawole Abiola, son of the deceased, as administrators of the estate.

Ozobia, a lawyer, averred that another order of the High Court of Justice, Chancery Division in London, dated July 22, 2010, appointed her as administrator of the estate of the deceased in place of Adam Broke.


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