[size=14pt]Court grants Abiola’s Will administrators access to assets[/size]
News Monday, June 20, 2011


By Abdulwahab Abdulah

LAGOS - Thirteen years after the death of business mogul and politician, Chief M.K.O. Abiola, an Ikeja High Court has ordered that the Administrators of his Will be allowed access to all his assets at home and abroad.




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The court also appointed a judicial valuation officer to take inventory of such assets.

Some of the money willed to the immediate and extended family of the late politician and some other beneficiaries was kept with the National Westminster Bank Plc, London, according to the Will.

In an enrolment of order granted by Justice Joseph Oyewole, the court directed 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.

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

This, according to the applicant, will enable them 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) Will.

Therefore the court's order was sequel to a motion filed by Ozobia, on behalf of the Administrators of the of 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."

Apart from this the court was asked 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 has a duty or obligation to render account of such assets to the Administrator.

To this end, they prayed the court to compel anybody who may have information regarding any of his assets to release such information to them.

Justice Oyewole also ordered the "resealing of the grant and giving effect to the orders of the High Court of Justice of England and Whales, the District Probate Registry at Winchester dated 6th day of October, 2004 and the High Court of Justice Chancery Division in London, made by Master Moncaster dated 22nd July, 2010 giving validity to the said Will of the deceased dated 25th October, 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 6th of October 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 by 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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