![NG-[A_BA[COMP_TABL_ALLC]:TABLETS_160x600](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_utmZUk2T3DQUdS26eZz7cmYl1XZBw113Pjsy1_eAhSWavDX0E-ZpPZoAjECL842fr0Vx3eZ9BMqsqs5yYheRJ9JLToG8VfR58UznRqksf2H5HK8lsL2NyjuaH4Ya4uk2CuLF-u7vAfU3kYY5x36tuFEacfIkqdW_PaXC7SveC09OI66ChS1g=s0-d)
Since the death of late legal icon, Otunba Theophilius Shobowale Benson (SAN), 6 years ago, his family members have been at war, over how to share his vast estate. He died on February 13, 2008 and since his death there has been a big legal battle going on. At the centre of the stage are 2 of his sons-Prince Hewett Adegboyega Benson and Prince Oluwayomi Olabinjo Idowu Benson (1st and 2nd claimants), who dragged their mother, Chief (Mrs) Opral Manson Benson (OON), a socialite, chairman Board of the Foundation for Environmental Development and Education (FEDEN/Leadership for Environment and Development Anglophone West Africa (LEADAWA) to court, over the property known as No. 2 Adeyemi Lawson Street, Ikoyi, Lagos. Other 2 defendants are Prince (Dr) Lionel Olusegun O. Benson and Princess (Mrs) Chima Abimbola Cardoso (2nd and 3rd defendants’ respectively).
In the Suit No. M/1161/2012, the claimants, who stated in their affidavit that they are the beneficiaries of the estate of Otunba T. O. Shobowale Benson, while the defendants are the Executors of the estate, prayed the court for a declaration that they are entitled to have legal estate in the aforesaid property vested in them. They further prayed for an order for directions as to the vesting in them, the property at No. 2 Adeyemi Lawson Street, Ikoyi, registered under title No. LO3664 dated June 14, 1960 at the Federal Lands Registry. Lagos; an order partitioning the said property between the claimants as shown in the provisional survey plan and an order that the partitioned portions of the said land, shall be and are vested in them absolutely for the interest and remainder of the estate or term of years held by their father at the time of his death.
They argued that in their late father’s Will dated December 30, 1989, he gave his property at No. 2 Adeyemi Lawson Street, Ikoyi Lagos to them (1st and 2nd claimants), adding that for them to divide or partition the property between them, they made a request to the executors of the estate of the deceased to grant them Assent to the said property. They submitted that while other executors of the estate signed the Deeds of Assent, only Princess (Mrs) Chima Abimbola Benson (3rd defendant) refused to sign; on the grounds that she had instituted a suit challenging the capacities of other executors to continue to manage and administer the estate of their late father. However, the rift was settled by a judgment of the court delivered by Justice Morenike Obadina in favour of the claimants. Delivering the judgment, the judge noted that while other executors signed the Deeds of Assent, only the 3rd defendant refused to sign. It was further noted that the evidence of the claimants were unchallenged.
Concluding the judgment, Justice Obadina said: “I therefore, accept the unchallenged evidence of the claimants. I hold that they are entitled to the reliefs claimed, which is to give effect of the last Will and Testament of the deceased with regard to No.2 Adeyemi Lawson Street, Ikoyi, Lagos.” The court also held that the 3rd defendant did not apply for stay of the proceedings in the instant suit to await the outcome of the suit she had earlier filed, adding that her refusal to give her asset to the Deeds of Assents is unjustified in the circumstances of the case. For those who can’t remember lets quickly rejig your memory. Benson, Nigeria’s first Minister of Information, passed away at the age of 90 at his Ikoyi, Lagos home. A staunch Zikist, the late TOS who was the brain behind the setting up of the Voice of Nigeria (VON) is a native of Ikorodu Lagos.. He was survived by his beautiful and talented widow, Opral, Liberian-born Nigerian icon, who has been by his side since 1962. Born on July 23, 1917, TOS Benson began his public service career at a youthful age of 20, when in 1937 he joined Her Majesty’s Customs and served in various capacities, traversing major cities of Nigeria. He left the Customs in 1943 and thereafter proceeded to London for his law education and by 1947, he had qualified as a lawyer, having been called to bar at the Lincoln’s Inn London.
He began his political activism in 1947 when he formally joined then National Council for Nigeria and Cameroun (NCNC). In 1950, he was elected into the Lagos Town Council, emerging then after as the Deputy Mayor of Lagos. From 1950 to 1959, Benson held various elective positions under the NCNC, the last being member of the House of Representatives and Government Chief Whip. In between this period, he had joined the Constitutional Conference delegations to London in 1953, 1957, 1958 and 1960, which heralded Nigeria’s independence in 1960. He also distinguished himself in his legal career and thus has been conferred with the coveted honour of Senior Advocate of Nigeria (SAN), having also held such positions as Chairman, Body of Benchers and himself a founding life member of the Body. TOS Benson was among Nigeria’s foremost legislators from pre-independence to the First Republic era. In fact, he had at a time acted for the first Republic Senate president, Nwafor Orizu in that capacity. TOS Benson was a humanist, a philanthropist, a true Nigerian patriot with no tribal or religious bias, advocate of Nigerian unity who has deliberately distanced himself from all tribal and regional political establishments. TOS was until his death a versatile commentator on current affairs and a prolific writer on issues of national unity and good governance. He was a recipient of various chieftaincy titles cutting across the federation, some of which are: Baba Oba of Lagos, Majeobaje of Yorubaland, Asiwaju of Ikorodu, Ochendu of Igboeze North etc.
0 comments:
Post a Comment