An Appraisal Of Customary Succession In The Western And Eastern Part Of Nigeria

Abstract

Death is inevitable in life. When a man dies, his properties devolve to his successors either by a will or under his personal law of succession. Customary laws embody the customs practiced by the people in a particular community which is binding on them. Intestate succession under customary law among Western (Yoruba) and Eastern (Igbo) parts of Nigeria are full of discrimination especially against widows and female children. The discrimination is minimal under the Western customary law of succession in which female children are allowed to inherit their fathers’ properties but the widows are not allowed to inherit their deceased husbands’ properties. The customary law of succession in Eastern part of Nigeria does not allow female and widows to inherit properties of the deceased since primogeniture practice is predominant among them in which properties are inherited only by male children and the first son usually take the largest share. However, this position has been reversed by the Nigeria Supreme Court’s decision in the case of Ukeje v. Ukeje (2014) II NWLR (PT 1418) 384; 408, where the court held that female children can inherit their father’s property with their male siblings under the Igbo customary law of succession in accordance with section 42(2) of the constitution. This paper therefore seeks to appraise analysis between the Western and Eastern customary law of succession in Nigeria. This work adopts doctrinal method of research with the use of online journals, articles, textbooks, newspapers and decided cases as secondary sources of data. Hence this paper concludes that decision of the Nigerian Supreme Court in the case of Ukeje v. Ukeje supra, has brought a new era to the Eastern customary law of succession which now allows female children to inherit their fathers’ property and makes it similar to Western customary law of succession in Nigeria.