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Next-Of-Kin

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Next-of-kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends. It can also be defined as someone who is chosen by a person to provide the necessary information about the person when the person who chooses him or her becomes readily unavailable or when the person is in the situation that deprives the person the opportunity of providing vital information for him or herself.
In the case of Joseph V. Fajemilehin O. O. & Anor (12012) LPEL 9849 (CA) the court said thus, “let it be placed on record that the term Next-of-Kin can be used in three senses. Firstly, it can be used to simply refer to the nearest blood relative or secondly, the person who is to be notified in the case of any eventualities of life such as accident, emergency or death, secondly, he may be required to make medical decisions, such as providing information or consent for a person who is in capacitated, or thirdly the term can be used to refer to an heir.”
It must be noted clearly that appointing a next-of-kin is not a substitute to making a valid will. This is so, because when a person dies testate (i.e the person made a valid Will), the matter of next-of-kin is of no relevance. The estate of the deceased is distributed strictly according to the Will. In a situation where the deceased dies intestate (i.e. without making a valid Will), the question of the distribution of his estate is governed by the law.
The Customary Law/Islamic Law or the Administration of Estate Law will apply depending on the kind of marriage contracted by the deceased. In other words, if the deceased contracted a statutory marriage, the distribution of his estate shall be governed by either the English Law or the Administration of Estate Law. See Obuzez V. Obuzez (2007) 10 NWLR (PT 1043) 430. It must be noted that the Administration of Estate Law provides for the order of inheritance, which must be complied with strictly and a next-of-kin is not among the categories of those entitled to inheritance in this instance.
There is nothing special about next-of-kin as far as succession is concerned. Because next-of-kin does not confer the right of inheritance on the person so named. Under the Nigerian law of intestate succession, one cannot choose his heir under the pretext of next-of-kin, since the act of naming a next-of-kin does not amount to testamentary disposition. Succession is regulated by law. It is only those entitled by law to inherit a deceased person’s estate that can do so. A next-of-kin is not one of such persons. However, this is without prejudice to his right to inherit on a personal ground. Thus, if the person so named as a next-in-kin is the son or daughter of the deceased, he/she is entitled to inherit, not as a next-of-kin, but because he is the legitimate child of the deceased. Also, if the person so named as a next-of-kin, is also named in a valid Will made by the deceased, he/she is entitled to an inheritance not because he/she is a next-of-kin, rather because, he/she is named in the Will.

By: Nkechi Bright-Ewere

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Army Arrests 50 Foreigners, Others For Job Racketeering

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The Nigerian Army said it has arrested 50 suspects, including foreigners, for alleged international job racketeering in Lagos.
The Director, Army Public Relations, Brig. Gen. Onyema Nwachukwu, who addressed journalists in Abuja, on Wednesday, said the suspects were arrested during an operation jointly conducted by the Army and the Nigeria Immigration Service.
He also disclosed that no fewer than 13 criminals were killed and 88 arrested during various operations across 20 states of the federation.
Among those arrested include 50 suspects comprising foreigners who were nabbed for alleged International job racketeering.
Onyema said, “In the South-West region, on November 2, 2023, troops of 9 Brigade Nigerian Army in conjunction with personnel of Nigerian Immigration Service, Lagos State Command, conducted a raid operation on a suspected criminal hideout at Ifako Ijaye.
“During the operation, 50 suspects, including foreigners who specialise in international job racketeering, were arrested. In a similar development same day, the same troops arrested two suspects at a hotel in Ogba in the Ikeja LGA.
“The arrest was in connection with the murder of one Mallam Idris Ardo, the Ardo of Panya Village in Plateau State. Preliminary investigation revealed that one of the arrested suspects masterminded the killing of Ardo and fled the community since the incident occurred.”

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Elder Statesman Charges FG On Judges, Magistrates’ Security

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An elders statesman and advocate of oil rights in the Niger Delta, Rev Sokari Soberekon, has called on the Federal Government to beef up security for High Court Judges and Magistrates in the country. The iconoclastic doctor of humanities made this plea while addressing newsmen during the just concluded 2023/2024 rededication of the legal year of the Rivers State Judiciary held at the St. Cyprian’s Anglican Church in Port Harcourt last Thursday.
Soberekon stressed the essence of maximised security for Judges and Magistrates in Nigeria to ensure prompt and fearless dispensation of justice, equity and fairplay. He, maintained that apart from armed Police orderlies, the Judges and Magistrates should be legally authorised to keep personal arms for self defence when necessary, adding that this innovative policy would enhance the desired environment for an independent judiciary.
According to the octogenarian minority rights activist, the judiciary is the sanctuary of justice and equity.
He recalled the circumstances surrounding the gruesome murder of the former Federal Attorney General and Minister of Justice, Late. Chief Bola Ige.
Soberekon noted that, in spite of the retinue of official security aides attached to the late former Governor of Oyo State, Ige would not have been murdered if he was personally armed on that fateful day of his demise.
Soberekon emphasised the need to shun eye service in the nation’s polity.
He, however, maintained that the only Oga in politics is God Almighty, who he said uses people to install others in office.
Soberekon recalled the meeting he had with King Alfred Diete-Spiff in Lagos from where the pioneer Governor of the State started planning the blueprint of the old Rivers State.
He said what Rivers State needs now is peace, and applauded the placard with the description, ‘Peace’, displayed during the rededication ceremony.
He noted with delight that while delivering a sermon at the occasion, the Vicar of the church advised Nigerians to give peace a chance and also to build a nation where peace and justice reign.

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Bayelsa Poll: Party Chieftain Tips Sylva For Victory

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A chieftain of the All Progressives Congress (APC), Chief Fente Thomas Abrakasa, has said the Bayelsa State governorship candidate of the party in the forthcoming governorship election, Chief Timipre Sylva, would win landslide in the Nembe Local Government Area of the State and in other parts of the state.
Abrakasa stated this recently in Yenagoa, the State capital, while speaking with newsmen following a close door meeting with stakeholders of the constituency in Nembe Government Area of the State.
At the meeting, Abrakassa was unanimously selected as the new leader of the APC for the Nembe Constituency one.
He noted that though over the years, he had deliberately led a passive political life, he has been an ardent supporter of good causes in politics with patriotic and development friendly politicians.
The Tide also learnt that Chief Abrakasa has vested interest in the oil and gas industry, especially in oil pipelines surveillance and related contracts.
“All those parading themselves as die-hard members of the Peoples Democratic Party (PDP) in Nembe constituency one should note that the APC candidate, Chief Sylva, would win completely in Nembe constituency one and beyond.
“I’ve told our party faithfuls to be prepared to peacefully deliver our governorship candidate in the forthcoming November 11 polls. We’d work together and partner for the victory of Chief Timipre Sylva and victory for the APC in Nembe Constituency one, and, by God’s grace beyond the Constituency”, he said.
Also speaking, the new Deputy leader of the party in the constituency, Chief (Hon) Omie Derri Agbazule called on party faithful to unite together for the victory of the party’s gubernatorial candidate.
He stated that the APC was the best party, and Chief Sylva was the most qualified amongst all candidates from all the parties contesting for the State’s Governorship election.
Agbazule also noted that the leadership of the party at the Nembe constituency one under Abrakasa and himself in collaboration with the party’s faithfuls were willing to return the former Minister of State for Petroleum elected as Governor of the State, come November 11, 2023.

By: Ariwera Ibibo-Howells,
Yenagoa

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