Succession Under Customary Law

Succession is act of taking one’s official position or title. It has to do with devolution of property on death, while customary law embodies customs as practical by the people which they regard as binding on them. The general principle of law is that a person carries his customary law of the place of his residence.
In the case of Adeniyi Oluwo and Ors V. Olaborwale Oluwo and Ors (1985}3NWLR (PT13) 572.Adeyink a Oluwo,a Yoruba man from Ijesha, lived most of his life in Benin city, married from Benin and had his children there. He applied to the Oba of Benin to be naturalized as a Benin citizen. His application was granted, and he attained the status of a Benin man.
When Adeyinka died, his properties were distributed in accordance with Benin native law and custom but some of his children were dissatisfied and challenged the distribution. Their contention was that his original Ijesha customary law should be applicable. The Higher Court held in favour of the Benin native law and custom on the grounds that his naturalization conferred on him the right of a Benin man.
The Court of Appeal upheld the decision of the High Court. The Supreme Court held that by virtue of his change, his personal law changed to the Benin customary law, distribution of his estate on intestacy must be governed by Benin customary law … ‘ This judgement shows therefore that the law applicable for distribution of a deceased estate intestacy is his preferred personal law and not the person’s land and origin.
In most customary succession, the eldest son of the deceased succeeds his estate. However, it is gratifying to note that our courts have in a plethora of cases upheld the right of a woman to inherit her father’s estate. In Onyibor Anekwe and Anor, V. Maria Nweke Sc. 129/2013, Clara Ogunbiyi, JSC held this, ‘I hasten to add that the custom and practices of Akwa people upon which they appellant relied on is hereby out rightly condemned in very strong terms. A custom of this nature is a 21st century societal setting will only tend to depict the absence of the relatives of the human civilization. It is punitive, uncivilized and intended to protect the selfish perpetuation of male domination which is aimed at suppressing the right of a woman.
Following the society under review, one would expect that the days of such obvious differential discrimination are over. Any culture that disinherits a daughter from her father’s estate or wife from her husband’s property by reason of God instituted gender differential should be punitively dealt with. The punishment should serve as a deterrent against the perpetrators of the obnoxious culture and custom. For a widow of a man to be thrown out of her matrimonial home, which she lived all her life with her late husband and children by her late husband’s brothers on the ground that she has no male child is indeed very barbaric, worrying and flesh skinning.’
Aligning with the learned justice I must say that, denying female children of the deceased the right of inheritance is not only discriminatory, it is equally repugnant and unconstitutional, as it conflicts with the provision of section 42(1) and (2) of the Constitution of the Federal Republic of Nigeria (as amended). A fundamental right provision guaranteed to every Nigerian.

By: Nkechi Bright-Ewere.