Justice Ladiran Akintola has been declared as a biological son of the late Premier of the old Western Region, Chief Samuel Ladoke Akintola.
The declaration came via a ruling by Justice Aderonke Aderemi of the Oyo State Hight Court on Thursday. The court ruled that Justice Akintola is entitled to a share of the estate of the deceased Premier.
Akintola had approached the court by filing a suit against his half siblings; Chief Abayomi Akintola and Dr Abimbola Akintola, asking that the court declare that the letter of administration being used by his siblings and the one earlier given to his stepmother, Late Faderera Akintola, as null and void.
Delivering a judgement which lasted for about three hours, Justice Aderemi in the suit which had earlier been heard before Justice S.A. Akinteye and Justice N.A. Esan held that Justice Akintola had led sufficient evidence in the matter and had entered judgment in his favour.
The court declared as null and void the letter of administration issued in 1968 on the estate of Late S.L Akintola by the Western Nigeria High Court of Justice under Faderera Akintola and Abayomi Akintola on the ground that it was obtained by fraud and concealment of interest in a manner that is inimical and discriminatory against Justice Akintola.
Also, the court declared as null and void the letter of administration issued in October 2007 on the estate of Late S.L Akintola by the Oyo State High Court of Justice under Abayomi Akintola and Abimbola Akintola on the ground that it was obtained by fraud and concealment of interest in a manner that is inimical and discriminatory against Justice Akintola.
The court further held that Justice Ladiran Akintola and the six claimant’s witnesses has led enough evidence to his paternity and ruled that he is the biological son of late S.L. Akintola and is therefore entitled to a share of his estate.
The judge further ordered that the two letters of administration declared null and void is immediately revoked and ordered that the Administrator General of Oyo state take up the management of the S.L Akintola estate until a fresh letter of administration that covers all the three children is issued.
Further, she mandated that the detailed account of the estate be submitted within a month of the judgment and gave an order of perpetual injunction mandating Abayomi and Abimbola Akintola from administering the estate of S.L. Akintola or undertaking any activity on behalf of the estate until the new letter of administration is issued.
In the course of the trial, the defendants had filed a Notice of Preliminary Objection asking for an order dismissing the suit on the ground of Section 17 of the Limitations Law of Oyo state and arguing that the time prescribed by law to contest the estate of a deceased had lapsed as the case was filed 47 years after the death of their father contrary to the 10 years provided by law.
However, in determining the issue, Justice Aderemi noted that the defendants did not plead statute of limitation anywhere in their defense and held that, “defendants are not entitled to rely on facts not stated in their defense before the court. The defendants cannot be allowed to plead issues outside the ones clearly stated before the court,’ Justice Aderemi ruled.