about THE LAW OF . Revisiting The Decision of The Supreme Court This research ... The Appellate Court in this suit, partially gave judgment in favour of the appellant/defendant, having upheld some of the reliefs granted the respondent/plaintiff by the trial court, while setting aside other reliefs, the gravamen of the ruling being that although by the principle of primogeniture in Igbo Customary Law, the first son or diokpa has right to inherit the legal estate of his . The Concept of Customary Law Under Igbo Customary law, like other ethnic groups in Nigeria, succession follows the blood but under Igbo customary law, inheritance takes the primogeniture form which is succession by the first male child to the exclusion of other children[5]. Igbo law. 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 . No matter the Circumstances of the birth of a female child, such child is entitled to an inheritance from her late father's estate.Consequently,the Igbo customary law which disentitle a female child from partaking in the sharing of her deceased father's estate is in breach of section 42(1)&(2) of the Constitution, a fundamental right . (lex situs) is applicable, with respect to inheritance, the appropriate Customary Law is the Customary Law of the deceased7. ezebrain: Please, does anyone have true knowlegde of the igbo customary law regarding inheritance, especially on the side of the youngest son? 1 (1974); ANTONY ALLOTT, NEW ESSAYS IN AFRICAN LAW 21-27 (1970 . However, and interestingly to the advancement of women's rights, the Supreme Court, the highest Court in Nigeria, has voided the Igbo customary law which forbids a female from inheriting her father's estate, on the grounds that it is discriminatory and conflicts with the provision of the section 42(1) (a) and (2) of the 1999 Constitution of . customary laws of the various tribes in Nigeria, women are not allowed to inherit the. Filed Under: LAW PROJECT TOPICS AND MATERIALS Tagged With: CUSTOMARY LAW PRACTICES, customary law practices and violence, CUSTOMARY LAW PRACTICES AND VIOLENCE AGAINST WOMEN - THE POSITION UNDER THE NIGERIAN LEGAL SYSTEM, igbo customary law of inheritance, igbo customary law of inheritance pdf, law practices and violence, LAW PROJECT TOPICS . "That customary Law that discriminates female children in Igboland with regards to inheritance whether wife or daughter or any female, is long overdue and should be consigned to the dustbin of . 3.3 Igbo Customary law of Inheritance. However, our customary . The eldest son acts as Trustee for the other children. According to statutory law a wife inherits half of the whole estate if there are no children, while under Islamic law the widow will get only one quarter of her husband's estate, but customary law says that a wife cannot inherit but can stay in her husband's family by agreeing to be . Amongst the Igbo it is known as Ike Ekpe. On Disinheriting Igbo Daughters. 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 . CHAPTER FOUR: REVIEW OF ANEKWE V NWEKE. 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. 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. However, certain similarities can still be identified. 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 …. 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. *•If a man dies leaving houses and daughters but no son, *do you still think the daughter . Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father's estate, is a breach of Section 42 (1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian." Justice Rhodes-Vivour of the Nigerian Supreme Court Inheritance Rights of an Igbo Widow 4 Fortunately, nongovernmental organizations have been active in attempting to rectify the problems of discrimination. 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. However, with respect to inheritance, the appropriate customary law is the customary law of the deceased. Thus, his nephews and not his children would inherit his property. This is known as "Okpala" or "Diokpa" [34]. "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 . 20 Before the Nigerian Supreme Court decision in Adeniyi Oluwu and Ors v. Olabowale Oluwu and Ors 21 it was a IN THE IGBO LAND. The term 'customary law' is used here as a matter of convenience to describe, broadly, indigenous law - that is, the widely-accepted norms that regulate the conduct of a population.10 Unlike Western individualistic notions of property ownership, pre-colonial inheritance rules in Nigeria were concerned with the overall welfare of the family.11 Since these rules centred on . The wife does not inherit the family property, although she may use it. Not because the father thought she'd squander whatever inheritance she got. [20] 2014. 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. The reformation of unfavorable customary laws of women inheritance in the Igbo land is evident in the decision of the Supreme Court on female right to inherit property. Rules of customary law allow for inequality among people to continue, Land inheritance is passed to the sons, the eldest receiving the largest share and the rest is split up between the remaining. Like the Yoruba, a brother or son of the deceased Igbo husband, but not the son of the woman, was traditionally Generally, under. Not because they'd had a falling out. The oldest son of a deceased has exclusive rights to the entire estate left behind. The apex court of the land declared that customary law null and void, and of no effect; and held: "— the Igbo customary law which disentitles a female child from partaking in the sharing of her deceased father's estate is a breach of Section 42(1) and (2) of the constitution of the Federal Republic of Nigeria, a fundamental rights provision . 2. The discourse of inheritance in Igbo society is mainly on land and landed properties. He is entitled to a special property by virtue of being the eldest son. Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father's estate, is a breach of section 42(1) and (2) of the constitution, a fundamental rights provision guaranteed to every Nigerian." 4.1 A Review of Case Laws on Women's Inheritance Rights prior to. The Customar y Law of Inheritance and Succession is one of those areas of law that have tremendous impact on a larger percentage of Nigerian Populace by virtue of the fact that our developing. On the other hand, if the deceased had celebrated an Igwa (i.e. T he right to customary succession of the entire estate belongs exclusively to the eldest son of a deceased person. Under Igbo customary law, wives do not have inheritance rights as they are considered "property" of the late husband's estate and, as a result, are considered an "object of inheritance themselves" (WACOL n.d.a, 12). customary law for justice and social control in igbo society Any society that does not have laws or rules that guide the activities of its members will eventually turn to an anarchy society. THE LAW OF SUCCESSION UNDER THE NIGERIAN CUSTOMARY LAW. REVISITING THE DECISION OF THE SUPREME COURT CASE OF UKEJE V UKEJE VIS A VIZ IGBO CUSTOMARY LAW ABSTRACT This research study borders on examining the discriminations that women in Igboland face as regards the acquisition of property and inheritance of same upon death of their husband or father. The general principle of law is that a person carries his Customary Law with him, hence regardless of the Customary Law of the place of his residence or abode, his personal law shall prevail8. In this case, the Nigerian Supreme Court, in a unanimous decision, confirmed that the Igbo customary law of inheritance, which excludes female children from inheriting the property of their . *• Are you an Igbo person who doesn't know how properties are shared in igboland?• Or you are curious as to why only "MEN INHERIT" and want . Some localities permit daughters to shar joint tenancy with her brothers, but the eldest brother remains the principle heir. "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 fundamental rights provision guaranteed to every Nigerian. Inheritance under English law as relevant to succession to the seat and estate of hereditary person like the Duke or Earl-is not far different from Bini customary law. Customary law embodies customs as practiced by the people which they regard as binding on them. 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. Succession which under customary law governs issues of personal relation such as marriage and divorce, legitimacy and legitimation, validity of wills, adoption of children and succession but legal pluralism creates an atmosphere of legal confusion, whereas, there is . Customary succession and inheritance law of the Igbo The Igbo, who traditionally occupied Abia, Anambra, Ebonyi, Enugu and Imo States in Nigeria, also have kinsmen spread over some parts of the Delta and Rivers States even though they are also found in the Diaspora. 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 . The Fundamental Premise of Customary Law of Succession. small marriage symbol) customary marriage, the inheritance of his estate will be similar to that in the matrilineal communities of the Igbo, in that people inherit the estate of their maternal relatives. On April 15th 2014, the Supreme Court based its decision on the Lagos state High Court and Court of Appeal. The Supreme court of Nigeria!! By. respect to land matters generally, the customary law of the place where the land is situated is applicable. Also, the property of a deceased woman, which she acquired before marriage, go back to her family on her death. With reference to colonial geography, the Igbo tribe is settled along the eastern coast of the amalgamated Nigeria concentrating in high numbers around Anambra, Abia, Enugu, Ebonyi and Imo regions of the south-eastern . The disposition of property by will is a principle recognized by customary law. While some of these proprietary interests are hinged on customary rights or inheritance, others are ignited by the inordinate and selfish ambitions of some economic players in such societies. Rationale for the Study. To what extent does the Igbo custom of inheritance reflect regional and global standards on equal status of women? In the Igbo traditional communities, the wives and daughters do not have rights of inheritance over their father's/husband's property; the eldest son has the absolute rights to inherit property. The customary law of inheritance of the Igbo people have been written on by many scholars 5.The work of these scholars examined the Igbo customary law of inheritance and some variations of the general rules. Igbo Customary Law of Inheritance Members of the Igbo (also known as Ibo) ethnic group mainly live in the southeastern part of Nigeria and constitute 18% of the country's over 131 million population. customary law of inheritance of igbo, benin and yoruba people of nigeria 25 3.0 introduction 25 3.1 igbo customary law of inheritance 26 3.2. types of property to be inherited and persons who can inherit 28 3.3 distribution of property and order of priority of inheritance amoung relations 35 3.4. the benin customary law of inheritance 37 Most customary law "Wills" are oral declaration made voluntarily by the testator during his lifetime They are known in law as nuncupative Wills. 2.0. THE IGBO CUSTOMARY LAW: This review will be an exercise in futility if the Igbo customary law in question is not examined in the light of the Supreme Court decision in Ukeje v. Ukeje (supra). 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 . posted on February 19, 2019. estates of their late husbands and fathers. The Supreme Court voided the tradition and custom. It is a settled fact that women would grievously suffer from various inequalities and discrimination. The Supreme Court voided the tradition and custom on the grounds that it was discriminatory and conflicted with the provision of the Constitution of the Federal Republic of Nigeria. CUSTOMARY LAW RULE OF PRIMOGENITURE AND THE IBO CUSTOMARY LAW OF SUCCESSION. Not minding its role in the composition of the Nigerian legal system, the body of what constitutes Igbo African law If there are no sons, the land devolves to the brother (s) of the deceased. Igbo Customary Law of Succession Formerly, in the Igbo customary law of succession, all properties of an intestate deceased pass onto his eldest surviving son (Okpala) and where he has more than one wife, the eldest sons of the wives inherit jointly. 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 3 and the rule of natural justice as applied by the courts. the igbo native law and custom which deprives children born out of wedlock . Chika Unigwe. Not because she didn't want any part of it. SUCCESSION AND INHERITANCE LAW IN NIGERIA. The rules of customary law on succession in Igbo land are not uniform. The Igbo African law has been misconceived despite the fact that Igbo African law and other customary laws are one of the most significant sources of what we know as the Nigerian legal system. Under Igbo customary law, wives do not have inheritance rights as they are considered "property" of the late husband's estate and, as a result, are considered an "object of inheritance themselves" (WACOL n.d.a, 12). Customary succession among the Ibos is predominantly patrilineal [32]. In all these divisions certain modes of inheritance can be found and are considered under the following sub -heads. 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 . It is designed to keep family tradition and maintain orderly . 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. In 1981, when Lazarus Ogbonna Ukeje died, his daughter Gladys, was supposed to inherit nothing from him. 4.3 The future of widow's inheritance rights in Nigeria. 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 . Then boom! 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 fundamental rights provision guaranteed to every Nigerian. "That customary Law that discriminates female children in Igboland with regards to inheritance whether wife or daughter or any female, is long overdue and should be consigned to the dustbin of . The eldest son must manage and administer the estate on trust for the benefit of the entire family. This however stirred some discussion and in a Supreme Court decision in April 2014, the Court found that the Igbo inheritance rules that exclude women from inheritance violates the country's 1999 Constitution which . . By that judgment , the court voided the age - long Igbo tradition and customary law , which forbade a female child from inheriting her father ' s estate . *IGBO KWENU!! It will also examine the reasons why these . Answer: The Igbo tribe, an integral part of the major tribal sects in Nigeria. Ukeje V Ukeje and other case laws and examining the legality or otherwise of the decisions of the court viz a viz Igbo customary inheritance and examination of laws, conventions, protocols that rule out discrimination in all its forms; will be used as a guide in finding answers to the above posers. Continue Reading. As Uche [ 20] puts it, it is the most significant provider of employment in rural areas and is an increasingly scarce resource in urban areas. 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. The rationale for this study stems from disparities between the application of 'lawyers' customary law' and the practice of 'people's customary law'. •*Do you still think females can't inherit properties in Igbo land? 2.1 Introduction. Sun, 07 Feb 2021 12:13:30 GMT. Consequently, the Igbo customary law which disentitles a female child from participating in her deceased father's estate is in breach of section 42(1) and (2) of the constitution of the Federal Republic of Nigeria, 1999, a fundamental right provision guaranteed to every Nigerian. Customary law is the rules and regulations approved and shared by a community. Customary succession therefore, is concerned with the way and manner recognized and accepted by the people in which properties are transferred locally according to the customs, traditions and practices of the people. PDF | On Sep 11, 2020, Chuka Unachukwu published AN EXAMINATION THE SCOPE AND REALITIES OF THE IGBO CUSTOMARY LAW ON THE INHERITANCE RIGHT OF WOMEN | Find, read and cite all the research you need . In examining the Igbo custom of inheritance, this study places reliance mainly on the customary law manual 6, of the laws of Anambra and . 3.2 Yoruba Customary Law of Inheritance. Igbo land comprises culturally distinct sub-groups with diverse historical and cultural origins requiring different customary law practices which, however, are absent in the region. In Nigeria there are three recognised inheritance laws. Under Igbo customary law, wives do not have inheritance rights as they are considered "property" of the late husband's estate and, as a result, are considered an "object of inheritance themselves" (WACOL n.d.a, 12). This will be done by a critical analysis of the celebrated case of ukeje v ukeje and other legislative enactments and Judicial decisions . 4.2 Anekwe v Nweke. Inheritance in Igbo land The rules of inheritance in Igbo land is not uniform but there are certain similarities that are explained below. Customary Laws of Inheritance in Nigeria: The Egbudu-Akah Perspective; . For instance although many local variations exist, the inheritance of individually owned land generally follows the principle of primogeniture. The Igbo population is predominantly Christian (Encyclopedia of the Third World 1992, 1436). The cultural specificity of the customary law of distribution of the Ngwa was examined. In the Igbo society, land is recognized as the primary source of wealth, power and social status. ( Nigeria Facts, NATIONAL GEOGRAPHIC (last visited May 5, 2014).) Igbo Women in Nigeria. Inheritance is therefore governed by the principle of primogeniture in the sense that the eldest son of the deceased succeeds to his estate [33].