Court restrains Lagos, lawmakers from privatising probates

Justice A. M. Lawal of the Lagos High Court, Tafawa Balewa Square (TBS), has restrained the Lagos State Government and its lawmakers from privatising the administration of probates in the state.
It would be recalled that a human rights activist, Ebun-Olu Adegboruwa, has dragged the Lagos State Government and the House of Assembly to the court over alleged plan to privatise the administration of probates in the state by stripping the High Court of Lagos State of its jurisdiction and powers on the issue.
At yesterday’s proceedings, the judge took arguments from Adegboruwa in respect of the case.
The court held that it was satisfied with the averments stated in the affidavit in support and the written address, together with the oral arguments presented in open court by the lawyer.
Consequently, the following orders were granted by the court:
“An Order of Interim Injunction, restraining the defendants, whether by themselves, their servants, officers, agents, banks, privies or otherwise howsoever, from removing, excising, privatizing, taking away, outsourcing, taking over or in any other manner managing the functions and powers conferred on High Court of Lagos State, in relation to probate matters pending the hearing and final determination of the motion on notice”
“An order of interim injunction restraining the House of Assembly of Lagos State, whether by itself, its servants, officers, agents, committees privies or otherwise howsoever, from making, enacting, considering, deliberating upon, proposing or in any other manner taking any step(s) for the purpose of removing, excising, privatizing, taking away, outsourcing, taking over or in any other manner empowering the Executive arm of the government of Lagos State, its agents and organs, to manage the functions and powers conferred on High Court of Lagos State”
The restraining orders were to subsist, pending the hearing and final determination of the motion on notice.
The case has been adjourned till March 16, for hearing.
In the suit, the lawyer is particularly seeking an order of injunction restraining the Lagos State Government and the Lagos State House of Assembly, whether by themselves, their servants, officers, agents, banks, privies or otherwise howsoever, from removing, excising, privatizing, taking away, outsourcing, taking over or in any other manner managing the functions and powers conferred on High Court of Lagos State, in relation to probate matters.
Adegboruwa, in the suit which was commenced by originating summons, is also seeking an order of injunction to restrain the House of Assembly of Lagos State, whether by itself, its servants, officers, agents, committees privies or otherwise howsoever, from making, enacting, considering, deliberating upon, proposing or in any other manner taking any step(s) for the purpose of removing, excising, privatizing, taking away, outsourcing, taking over or in any other manner empowering the Executive arm of the government of Lagos State, its agents and organs, to manage the functions and powers conferred on High Court of Lagos State, in relation to probate matters.
In the affidavit in support of the case, the human rights activist stated that since the creation of Lagos State, the probate division has always been part and parcel of the High Court but that very recently, the current administration of Lagos State, in collusion with the House of Assembly, have decided to privatize the administration of probate to private persons, purely to generate revenue.
He alleged that the House of Assembly of Lagos State has been meeting secretly and holding clandestine proceedings for the purpose of considering and passing a bill that will remove the probate division of the High Court and firm it out to private persons.
“No public hearing is being held at all and relevant stakeholders such as lawyers, the Nigerian Bar Association, etc, are not in the picture of this plot “, he further alleged.
Adegboruwa is contending that this decision will lead to arbitrariness as the administration of the estate of dead persons are mostly confidential and sensitive in nature and should not be left in the hands of private individuals as this may discourage many families from approaching the probate division at all.