Vol 8 No.8 12th November 2007

Dear Sir,
UNUSUAL COMMISION OR OMISSION!

It is my belief that every faithful Lagosian has a duty of ensuring the protection, safety and maximizing the interest of Lagos State and its entire institution. As for me, particularly as an ‘emissary’ of the Temple of Justice and with my interest in the legal/litigation industry, I am always uncomfortable whenever I notice the commission of unusual acts or the omission of such in any court transactions. But most times, I found no one to formally share my opinions with on such issues because, generally we clerks believe that any observation in court can appropriately be raised only by Ministers in the Temple i.e the lawyers.

Nonetheless sir, my familiarity and ‘uncouth’ experience with court activities, especially for my vision of a stronger, transparent and viable judicial bureaucracy, I am always agitated to speak about it at times and moreover I have the mindset that today’s emissaries become tomorrow’s ambassadors.

It happened this afternoon (7/11/2007) at about 1.15 pm while I was in the probate registry, Ikeja High Court. Mr. Osho, a staff of the probate registry reported to a woman, also a staff of the same registry by senior, I guess. She is popularly known as Alhaja, probably the head of that unit.

Osho’s report was about a probate matter wherein a bank-draft was raised from the bank account of the deceased with UBA for the purpose of the Estate fee to be paid to the office of the probate registrar.

The unusual thing about the matter was that the letter that usually originate from the probate registrar to the bank where the deceased’s (estate) account is domiciled for deduction of the probate charges/fees was not written at all, as reported to have been done by a lawyer to Alhaja.

Alhaja responded by saying it was unethical of the lawyer handling the estate matter for the administrators in the matter to have allowed such. And she further said that it is also unprofessional and fallible of the officers of that branch of the bank UBA, who have acted in support to that effect.

Ironically, she consented that the processing should continue, in as much as the actual fee necessary to be paid is made and covered.

At this end I became disturbed because I know quite well that some implications of insecurity hidden in the acceptability of such commission or omission. Though the matter may eventually be queried but that is if the probate judge and the probate registrar do not act like other ‘actors’ and ‘inactors’.

However sir, who is responsible for the commission or the omission, if at all there was any?
Editor’s Note:- Nigeria!