By Gabriel Enogholase
BENIN—An Edo State High Court sitting in Benin City, has declared that the office of an administrator occupied by an executor by reason of a grant of letter of administration with or without Will to administer the estate of a deceased is unassignable in law.
Trial judge, Justice Victor Oviawe, reached the decision in his judgment in the suit by Chief Edwin Elema, the Elema of Iyekogba Dukedom of Oredo Local Government Area of Edo State challenging the substitution of Princes Pedro Elema and Fidelis Elema in the place of their late father, Prince Friday Elema as administrators and executors of the estate of late Chief Félix Elema.
The court also declared that the position or office occupied by late Prince Friday Elema in respect of the estate of his late father, late Chief Félix Elema cannot be inherited, assumed or same assigned to the 1st and 2nd defendants in law to enable them administer the estate of their late grand father.
Justice Oviawe held that, “I hold that the 1st and 2nd defendants cannot properly assume the position of their late father, late Prince Friday Elema as executor and administrator of the estate of their late grandfather, Chief Félix Elema in suit No B/766/2001 by substitution, them having not been so appointed as executors and administrators of the same estate”
He therefore, grant an order of perpetual injunction restraining the 1st and 2nd defendants from parading themselves as the personal representatives for themselves and on behalf of the estate of late Chief Félix Elema.