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The Chief Judge of Lagos State, Inumidun Akande, on
Monday, declared that it is the exclusive responsibilities of the state
judiciary to review existing laws relating to probate administration
and family matters, and warned the executive not to usurp functions of
the judiciary.

Mrs Akande stated this in her address delivered at a
summit on ‘Administration of Probate’, with the theme ‘A Critical
Appraisal of Probate Administration In Lagos State’, held at the Lagos
City Hall. Probate administration deals with the application of the
right to deal with deceased person’s estate. The chief judge urged the
executive arm of government to respect the doctrine of separation of
powers. She said that by virtue of relevant provisions of the 1999
Constitution and existing high court law, the administration of probate
and related matters are under the supervision of the chief judge of the
state, and added that to deviate from this established practice would
amount to a breach of the constitution and relevant laws, as well as
breach of concept of separation of powers as contained in the 1999
Constitution.

Abiding by power separation

“Without any fear of contradiction, the
administration of probate and matters connected therewith are exclusive
preserve of the judiciary in Nigeria,” she said. “The chief judge,
being the head of the judiciary, is empowered to make rules of court
and other matters by virtue of section 59 of the administration of
Estate Law Cap A3 Vol. 1 Laws of Lagos State, 2003. It would amount to
abuse of power by the executive organ or legislature to bring under its
administration the Probate Registry which is a division of the high
court in the state judiciary. To do this will be a deliberate
infraction of the constitution.”

Mrs Akande stated that despite obvious challenges, the probate
division of the high court has lived up to expectations by rendering
quality services and generating revenues for the state government. She
said that a total number of 193 probate grants and 4, 937 letters of
administration were issued by the probate division within a period of
2007 to 2010, adding that over N1 billion was also generated within
same period.</