Section 2: Powers of consular officers in relation to property in Nigeria of deceased persons.
(1) Where a person who is a national of a State to which this section applies is named as executor in the will of a deceased person disposing of property in Nigeria, or is otherwise a person to whom a grant of representation to the estate in Nigeria of a deceased person may be made, then if the court is satisfied, on the application of a consular officer of the said State, that the said national is not resident in Nigeria, and if no application for a grant of such representation is made by a person duly authorised by power of attorney to act for him in that behalf, the court shall make to that officer any such grant of representation to the estate of the deceased as would be made to him if he were to authorised as aforesaid.
(2) Where any person who is a national of a State to which this section applies-
(a) is entitled to any money or other property in Nigeria forming part of the estate of a deceased person, or to receive payment in Nigeria of any money becoming due on the death of a deceased person; or
(b)
is among the persons to whom any money or other property of a deceased person may under any Act, whether enacted before or after the commencement of this Act, be paid or delivered without grant of probate or other proof of title,
then, if the said national is not resident in Nigeria, a consular officer of that State shall have the like right and power to receive and give a valid discharge for any such money or property as if he were duly authorised by power of attorney to act for him in that behalf:
Provided that no person shall be authorised or required by this subsection to pay or deliver any money or property to a consular officer if it is within his knowledge that any other person in Nigeria has been expressly authorised to receive that money or property on behalf of the said national.
(3)
Notwithstanding anything prescribed by the law and practice for the time being in force in Nigeria in relation to probate, divorce and matrimonial causes and proceedings requiring that in the case of a minority or life interest administration must be granted to a trust corporation or to not less than two individuals and which may have effect in Nigeria by virtue of the provisions of any enactment in force in Nigeria, administration of an estate may be in any case granted by virtue of this section to a consular officer alone; and where the existing personal representative is a consular officer appointed by virtue of this section, nothing prescribed by the law and practice aforesaid providing for the appointment of additional personal representatives in the case of a minority or life interest shall apply.
(4) Without prejudice to the provisions of the Civil Procedure Rules of the High Court of a State or of the Federal Capital Territory, Abuja, regulating the procedure for the grant of probate and letters of administration and for securing the due administration of estates, sureties shall not be required to an administration bond given by a consular officer upon the grant of administration by virtue of this section.
Cite this section
Section 2, CONSULAR CONVENTIONS ACT (1956).
https://repo.podus.ai/laws/consular-conventions-act/section/2/