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Ukorebi Esien | November 18, 2025
CALABAR — The probate system in Cross River State is facing heightened scrutiny as lawyers, grieving families, and rights advocates raise alarm over persistent delays, alleged corruption, and bureaucratic inefficiencies slowing down the issuance of letters of administration. TDN can confirm.
According to multiple sources who spoke with our reporter, what should ordinarily be a routine legal process lasting a few weeks now reportedly drags on for several months, leaving applicants stranded and emotionally distressed.
Findings show that crucial stages of the probate workflow, including first filing, verification, and newspaper publication, have become increasingly cumbersome. Several applicants say their files remain unattended for weeks, with many pointing fingers at bottlenecks allegedly created within the Chief Judge's office.
For families dependent on estate assets to settle debts or resolve disputes, the delays have triggered significant financial hardship.
"This process is supposed to bring closure, but it has become a nightmare," said one applicant who has waited over six months for a first-filing publication.
Sources within the judiciary system in Cross River State have attributed the backlog to several factors ranging from poor staff commitment to alleged rent-seeking behaviour and the frequent absence of the Chief Judge.
A senior judiciary officer, who asked not to be named, said:
"Many files are left unattended for weeks because of the Chief Judge's constant travels and lack of delegated authority. It's weakening public confidence in the judiciary."
When contacted, the Cross River State Chairman of the Nigerian Bar Association (NBA), Barr. Enome Amatey, said he was not aware of widespread delays but promised to investigate and revert by Monday.
Adding that he hasn't carried out first filing for a while, and that he hasn't faced delays during second filing processes.
Unfortunately, Amatey, didn't get back to the reporter by Monday as agreed, when contacted on Tuesday, he neither took nor returned calls as at press time.
Speaking with another Lawyer, who also pleaded not to be mentioned, he however, admitted that probate matters inherently come with challenges.
"You cannot completely rule out the Nigerian factor. Probate has two stages, first filing and second filing, each with its own demands. Order 61 of the High Court Rules clearly spells out timelines, but practical realities sometimes interfere." He said.
Speaking with another Lawyer, who also pleaded not to be mentioned, he however, admitted that probate matters inherently come with challenges.
"You cannot completely rule out the Nigerian factor. Probate has two stages, first filing and second filing, each with its own demands. Order 61 of the High Court Rules clearly spells out timelines, but practical realities sometimes interfere." He said.
He further explained that first filings require multiple sureties and consents from all applicants, while second filings involve publication, which must run for 21 days to allow potential caveators to challenge the application.
He noted that publication delays often occur because the probate division waits to gather a required number of applicants before sending names for newspaper announcements.
Describing his personal experience, another young lawyer confirmed that there have been instances where letters of probate were completed but remained unsigned for up to a month due to the Chief Judge's absence.
"I applied about a year or two ago. Everything was ready except the Chief Judge's signature, and it took about a month. She had traveled for an official assignment, and unless she delegates that responsibility which the law does not compel her to do applicants simply have to wait."
He added that while discretion allows the Chief Judge to assign signing duties, there is no legal requirement mandating such delegation, thereby leaving room for administrative stagnation.
He noted that publication delays often occur because the probate division waits to gather a required number of applicants before sending names for newspaper announcements.
Describing his personal experience, another young lawyer confirmed that there have been instances where letters of probate were completed but remained unsigned for up to a month due to the Chief Judge's absence.
"I applied about a year or two ago. Everything was ready except the Chief Judge's signature, and it took about a month. She had traveled for an official assignment, and unless she delegates that responsibility which the law does not compel her to do applicants simply have to wait."
He added that while discretion allows the Chief Judge to assign signing duties, there is no legal requirement mandating such delegation, thereby leaving room for administrative stagnation.
Speaking to Bar. Arikpo Ikpi, a Calabar-based legal practitioner, he described the situation as "frustrating, draining, and completely unacceptable."
Ikpi, who is currently handling multiple probate applications, said one of his cases has remained stuck at first filing for over four months with no clear explanation from the registry.
"I have a matter that has been in first filing for more than four months now. Each time I go there, it's either the file is 'still being processed' or 'waiting for approval.' It is painful, frustrating, and honestly embarrassing that families going through grief must suffer like this," he stated.
He added that the prolonged delays are affecting lawyers' credibility and straining relationships with clients who expect timely results.
On his part, Barr James Ibor, informed this reporter that he wasn't aware of such delays since he wasn't in charge of probate in his organisation but will enquire from his colleague who's responsible for probate matters.
Stakeholders are now urging the Cross River State Government to open an inquiry into the probate registry, alleging systemic corruption and administrative laxity.
Our reporter notes that many lawyers declined speaking on the matter while those who openly agreed there are corrupt and sharp practices within the system thus leading to the delays experienced by lawyers warned the reporter not to take their views nor mention their names. Many described it as THE NIGERIAN FACTOR
Should all this be true, then the probate process in Cross River State now stands at a defining moment. Unless the judiciary implements reforms that guarantee speed, integrity, and transparency, countless families will continue to suffer unnecessary hardship. Restoring efficiency, they argue, is not merely a bureaucratic necessity but a moral obligation, ensuring that justice is not only done but seen to be done.
Ukorebi Esien
Editor-in-Chief,
The Daily News Ng
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