[PDF] the law relating to family property among the ... PDF Legitimacy, legitimation and succession in Nigeria: An ... Inheritance and succession under native law and custom is determined primarily by the customary rules of the place of origin of the deceased person and . Formerly, under the Yoruba customary law, the elder brother of the deceased inherits the entire estate to the exclusion the wife and his children. The diverse customary customary law marriage have not been met the customary court will no . Customary and Islamic law marriages are potentially polygamous (11). Oni 'Discriminatory Property Inheritance Rights under Yoruba and Igbo Customary Law in Nigeria: The Need For Reforms' IOSR Journal of Humanities and Social Science Vol 19, Issue 2. 1 (1974); ANTONY ALLOTT, NEW ESSAYS IN AFRICAN LAW 21-27 (1970 . Discriminatory Property Inheritance Under Customary Law in Nigeria: NGOs to the Rescue Reginald Akujobi Onuoha1 1.0 INTRODUCTION The patterns of inheritance and succession,2 particularly under intestate estate under customary law in Nigeria, have almost as many variations as there are ethnic groups in the country, and many of the variations are . Intestate Succession Under Indigenous Hausa Customary Law ... For it is settled law that under Yoruba Customary Law it is only the children of the deceased who are entitled to inherit his estate. This is, however, not so everywhere; in Yoruba customary law as well as Islamic law, for example, daughters can inherit.14 In some communities . Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands. Customary succession among the Ibos is predominantly patrilineal [32]. grandmother, granddaughter . African Customary Law, Customs, and Women's Rights PDF Custom and the Constitution in the Nigerian Supreme Court ... PDF Culture, Tradition, Custom, Law and Gender Equality There are many customs in Nigeria but the prominent groups are the Yoruba customary law, the Igbo customary law, the Edo customary law; the Islamic customary law. It is thus sui generis. Customary law according to Mukoro (2004) while speaking about the Evidence Act of Nigeria Section 2, sub-section 1 of 1990 said that customary law is the rule in a particular area that has attained the force of law due to prolong usage. In the Yoruba land Spouses are not meant to inherit each other's property. Therefore, the succession law of the Benin, Hausa, Igbo and Yoruba will now be examined in turn. Abstract. INHERITANCE • In terms of Customary Law female born of a marriage were not entitled to inherit where the parents died intestate. Indigenous customary law developed rules of inheritance for intestacy through the traditional canon of descent, as adapted over the years to changes in the society and the rule of natural justice as applied by the courts. Inheritance is therefore governed by the principle of primogeniture in the sense that the eldest son of the deceased succeeds to his estate [33]. It will also explore the meaning of inheritance and the effect of inheritance laws on women in Nigeria. In the event of the death of a man, under the Yoruba customary law of inheritance, children exclusively inherit his real property. However, whether a widow can inherit the intestate estate of her husband will depend on customary law of his locality. page 8 note 2 page 8 note 2 Most of these cases concern Lagos where the Yoruba population is heterogenous and where tribal institutions have decayed more swiftly than elsewhere. If a marriage is contracted under the Act and in the absence of any valid will the widow is entitled to one-third (1/3) of the deceased husband's property, while two-third (2/3) goes to their children in equal shares. 29 In addition, the Administration of Estates Law of Lagos grants equal inheritance rights to sons and daughters as well as to surviving female and male spouses. Igbo Yoruba Bini Esan Urhobo Islamic law and Hausa inheritance rights of women under the Wills Act of 1832 the relevant Wills Law of selected states. These are not only laws bothering on divorce in Nigeria. Whereas, it is said that in Yoruba native law and customs, wives have no right of inheritance in their deceased husband's estate. On the other hand, Dr. Coker in his family [20] property among the Yorubas 37 states categorically that in any application of the term "land includes buildings thereon. Customary law is any system of law different from common law and a law enacted by a competent legislature in Nigeria, but which is enforceable and binding within Nigeria as between the parties subject to its way[6] .Customary succession therefore, is succession that is not in accordance with the common law or a statute enacted, but in accordance with the traditions, customs and practices of . mother, sister. This paper is a critical evaluation of the rules of succession and inheritance under Nigerian Law in relation to constitutional provisions of the Nigerian Law.It relates the issues of constitutional and human rights conflicts in customary law of succession to the modern legal discourse with a view to resolve the conflicts inherent in both systems. daughter. The Fundamental Premise of Customary Law of Succession. Tanzania's inheritance laws are in urgent need of reform. Formerly, under the Yoruba customary law, the elder brother of the deceased inherits the entire estate to the exclusion the wife and his children. Even within the Yoruba monolithic lingua-franca, there are . CUSTOMARY INHERITANCE LAW Under customary law rules of inheritance, the oldest son inherits the control of the family property, and makes the decisions about the property. [6] Nwugege v Adigwe(1936) 11 NLR 134;267. Defining and characterising "customary law" would itself be the subject of an extended study. View Customary Law Rule of Primogeniture and Its Discriminating Effects on Women's Inheritance Right in N from LAW 201 at University of Lagos. Inheritance is commonly patrilineal and sharing of assets tends to be in favor of the male child.Below we have listed the rules of inheritance (by customary laws) of some ethnic groups in Nigeria. If the deceased were a Muslim during his lifetime, the rules of succession most likely to govern the distribution of his estate would be as prescribed by Islamic Law, Shari'ah. Under customary law, a widow is generally denied inheritance altogether: "[H]er share is to be cared for However, with respect to inheritance, the appropriate customary law is the customary law of the deceased. Inheritance in Yoruba culture; In Yoruba land, distribution of a deceased estate, who dies without a valid Will, is per stripe aka (idiigi). Animashaun: 'The applicable customary law when a deceased dies intestate in Yoruba land, even if the deceased died outside his ancestral community, is the customary law of the deceased. Family Property Among The Yoruba PDF The Law Relating To Family Property Among The Yorubas by Peter Cutt Lloyd, Family Property Among The Yoruba Books available in PDF, EPUB, Mobi Format. Indeed, under Yoruba Customary Law, a widow under intestacy is regarded as part of the estate of her deceased husband to be administered or inherited by the deceased's family … . Yoruba or Igbo customary law, even where the deceased married the surviving partner under the Act. This article focuses however on the Ibo, Benin, Ishan, Yoruba, Itsekiri, Urhobos, Ijaw and Isoko laws of inheritance. WHAT IS CUSTOMARY LAW OR A CUSTOM: Customary law or custom may be defined as the set rules, practices and norms of a particular community, which regulate the lives of the indigenes and which the members of that community accept as binding on them. 2.0. Download Family Property Among The Yoruba books, Rights of succession under Customary Law of Yoruba People 86 5.1.1 The Essential Features of Customary Law 88 5.1.2 Customs and the Law 88 5.1.3 Bases of Distribution of Estate among Yorubas of South-West 90 Lloyd, in his Yoruba Land Law 36, also claims that in Yoruba customary law, a distinction is drawn between land (the soil) and improvements thereon. matters of inheritance.13 In many communities in Nigeria, where there is no surviving son of a deceased man, the closest male relative of the deceased inherits his property, rather than his daughters. 4 Under the Yoruba customs for instance, two methods of distribution are settled to be in place. Bini customary law of inheritance and succession. Daughters have equal rights to inherit from their father's property. The Yoruba family. The term -woman* generically includes wife- widow of a deceased. revealed that customary law and its practices have been tampered with. Therefore, it In this case, the personal law of the deceased B A Animashaun is Yoruba customary law.' 23 The Supreme Court stated herein that the personal law of a person . Even within the Yoruba monolithic lingua-franca, there are . The research is an attempt to identify those laws that discriminate against women from inheritance within the Igbo customary law which the law intends to wipe our through effective and legal means.This will be done by a critical analysis of the celebrated case of ukeje v ukeje and other legislative enactments and Judicial decisions, information . In fact it could be said that the law of succession and inheritance reflects Nigeria's plural legal system. Under Bini customary law of inheritance and succession the "Igiogbe" that is the house where a Benin man lived and died has gained prominence and notoriety. DIVORCE LAWS IN NIGERIA. The estate of parents who died intestate was inherited solely by the male children with the last born son inheriting the matrimonial or family home. CUSTOMARY LAW RULE OF PRIMOGENITURE AND Benin succession and inheritance law The customary law of succession of the Benin is not only intriguing and interesting but it is a law that stands on its own among its peers. The way a wife can inherit from her late husband is when a property given to her can be proved to be a gift. Author: Peter Cutt Lloyd Publisher: ISBN: Size: 19.61 MB Format: PDF Category : Customary law Languages : en Pages : 11 View: 6507 Get Book. Chapter Three - This chapter will review the customary inheritance practices in some ethnic groups in Nigeria and in particular, the Igbo, Yoruba, Bini, Esan, Urhobo, Igala and Itsekiri tribes will be reviewed. It will also examine the reasons why these . It also evaluated the similarities and differences of . 1 . Inheritance right under Yoruba customary law which is applicable to the Awori, grants equality and equity in distribution of an intestate estate of a deceased person between the children, both male and female alike, to the exclusion of the widow. Though the situation is different in urban cities, where In all these divisions certain modes of inheritance can be found and are considered under the following sub -heads. posted on February 19, 2019. INTESTATE SUCCESSION UNDER CUSTOMARY LAW INTESTATE SUCCESSION UNDER BINICUSTOMARY LAW (cont) •This was clearly laid down in Arase v Arase (1981) 5 SC 33 as follows: •The eldest son of the deceased inherits the deceased's property only after he has Upon the enactment of the Constitution, the customary law of male primogeniture like every other customary law had to comply with the repugnancy, incompatibility and public policy tests. "Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father's estate is breach of Section 42(1) and (2) of the Constitution, a . In Olowu vs. Olowu, where a Yoruba man, who spent his entire life in Benin, married Bini women, acquired property and adopted Bini Key word: Legitimacy, legitimation, succession, Nigerian Constitution rights of inheritance. B.A. Towing the same line of reasoning on the South African native law and custom and succession, the Supreme Court of Appeal in the case of "Mthembu v Letsela8" succinctly opined thus: "The customary law of succession in South Africa is based on the principle of male primogeniture. Book The Law as Practised by the Ancient Yoruba Description/Summary: This book is about the law as practised by the ancient Yoruba. The wife does not inherit the family property, although she may use it. This is based on the premise that devolution of property follows the blood. Women's Right to Inheritance under Customary Laws in Nigeria lkechukwu Olueze Jkechukwu Olueze d Co, Lagos nder the various rules of customary succession in Nigeria. the right of 'the woman' to inherit family property has remained largely ambivalent and controversial. The customary law of male primogeniture prescribed that only male children can inherit property on the demise of the deceased. Filed Under: LAW PROJECT TOPICS AND MATERIALS Tagged With: A CONTEMPORARY OVERVIEW OF THE RIGHT TO SUCCESSION UNDER NIGERIA CUSTOMARY LAW., CONTEMPORARY, CONTEMPORARY OVERVIEW, contemporary overview of the right, customary law, igbo customary law of inheritance pdf, intestacy law in nigeria, intestate succession in nigeria pdf, intestate . The Customary laws of inheritance in Nigeria are as diverse as there are cultures with only a few incidental similarities which Allot calls "unity in diversity". With the operation of the Customary Courts Law, 1958, more courts will have barristers as presidents and in these, for the first time, barristers may practise. There are several judicial decisions that are instrumental to the totality of laws guiding the divorce process in Nigeria. 2.) The wife does not inherit the family property, although she may use it. Rights Law, No.3 was enacted in 2001 in Enugu state. The present study does not attempt to define "customary law", but some general comments on its character may be helpful. Rules of customary law allow for inequality among people to continue, The dilemma of legal pluralism in issues of succession in Yoruba customary law is apparent where a native who marries under customary law dies as a practicing Muslim without a child or will. THE LAW OF SUCCESSION UNDER THE NIGERIAN CUSTOMARY LAW. CHAPTER FIVE: LAW OF INTESTATE SUCCESSION UNDER THE CUSTOMARY AND ISLAMIC LAWS IN SOUTH-WEST NIGERIA 5.0 Introduction 86 5.1. Rules of customary law allow for inequality among people to continue, The Customary laws of inheritance in Nigeria are as diverse as there are cultures with only a few incidental similarities which Allot calls "unity in diversity". Geographical background. Under customary law among the Yoruba, widows are considered part of the estate of their deceased husband and, therefore, have no inheritance rights themselves (WACOL n.d.a, 15; Bamgbose July 2002, 12). Furthermore one will ask whether the rule of intestate succession under Yoruba customary law has been finally settled. This is known as "Okpala" or "Diokpa" [34]. 20 Before the Nigerian Supreme Court decision in Adeniyi Oluwu and Ors v. Olabowale Oluwu and Ors 21 it was a generally accepted principle of law in Nigeria that a person carries his customary law with him. (See Adisa v. Ladokun (1973)9 & 10 S.C. 55). (pt. Writers such as Prof Chanock and others argue that: Although there is the view that colonialists 'invented' customary law as a way to govern natives while under the auspices of paying tribute to their culture and The Yoruba population is part Muslim and part Christian (Encyclopedia of the Third World 1992, 1436). There is the practice of 'Supo' in the Yoruba speaking areas where the youngest brother of the widow's deceased husband can inherit her so as to breed children for the late husband, this custom is referred to as widow inheritance and such children are regarded as legitimate children though the parents are not formally married, this is not . about THE LAW OF . The absence of the widow's right to inherit the deceased property is evident in the case of Aileru & ors v. A Review of the Customary Law of Inheritance and Succession amongst the Efik and Qua Communities in Cross River State, Nigeria May 2018 International Journal of Research 5(15) THE IBO CUSTOMARY LAW OF SUCCESSION. His estate will be distributed according to his personal law, that is, Yoruba customary law and the estate will be shared based on Ori Ojori or the Idi igi . CUSTOMARY INHERITANCE LAW Under customary law rules of inheritance, the oldest son inherits the control of the family property, and makes the decisions about the property. When a Yoruba man who dies intestate, dispute often arises as to whether his widow can inherit his property. The system of customary inheritance in Nigeria varies from one ethnic group to another. (Pt. The same land would be sold to different persons at the same time giving rise to so many litigations. Among the Hausa, inheritance or succession is normally determined by the customary rules the deceased person lived by during his lifetime. ( Adeseye v Taiwi [1957] 1 FSC ). SUCCESSION AND INHERITANCE LAW IN NIGERIA. (Akinnubi v. Akinnubi [1997] 2 N.W.L.R. THE LAW OF SUCCESSION UNDER THE NIGERIAN CUSTOMARY LAW TABLE CONTENTS Title Page———i Certification——-ii Dedication———iii Acknowledgement——-iv Abstract ———vi Table of Content——-vii Chapter …. selected cases of OSISP and ruling passed by customary courts in nine districts in Osun State on It is also the customs and rules, which govern the relationship of members of a given community. Some will say complex customs, however, according to Per Belgore, JSC, the Bini native laws and custom relating to hereditary chief and . Islamic law allows a man to marry up to 4 wives. This study examined the practice of the inheritance from Yoruba customary law. access, use or own such resources through inheritance, purchase, free gift or government allocation.14 In Nigeria, land property is regulated by statutory law, customary laws of many ethnic groups, Islamic law, etc. This study will deal primarily with inheritance; its history, the customary laws practices of the major ethnic groups of Nigeria which are: Igbo, Yoruba, Bini, Esan, Urhobo, Islamic law and Hausa inheritance rights of women under the Wills Act of 1832 & the relevant Wills Law of selected states. Customary law has a great impact on the lives of the majority of Africans in the area of personal law in regard to matters such as marriage, inheritance, and traditional authority.3 In its application, customary law is often discriminatory in such areas as bride price, ZAMBIA L.J. Thus in terms of personal laws (marriage, divorce, child custody and guardianship, inheritance etc) it is various customary laws and Muslim law that govern the lives of the huge majority of women, rather than statutory law. what's more, the law discriminates among beneficiaries as under yoruba customary law, inheritance follows the blood and not marriage.15 consequently, unless a property is given to a wife and it is proved to be an outright gift, it will pass on the husband's death as family property to be inherited by the husband's children or the husband's … The discriminatory aspects of property inheritance under customary law in Nigeria manifests in different forms and scope ranging from primogeniture rules, right of spouses, rights of adopted children and rights of illegitimate child; although it is generally agreed rule under customary law of intestate succession and inheritance that succession . his/her personal customary law will prevail, irrespective of where the property is situated or where he/she died. 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