Under the Yoruba customary succession, the eldest surviving son is generally recognized as the head of the family. Like the Yoruba, a brother or son of the deceased Igbo husband, but not the son of the woman, was traditionally This is known as "Okpala" or "Diokpa" [34]. 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 … 7 The property is shared among the children, either equally per capita ("-ori jori") or per stipe . 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 . (pt. Among Afro-Trinidadians, inheritance patterns have not necessarily favoured males. Women's Right And Status Under Edo Native Law And Custom ... 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. 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. In fact, in Suberu vs Sumonu, a wife has been described as a chattel to be inherited. Jibowu, F.J. observes in Suberu v. History of the Yoruba people - Wikipedia PDF Succession at Customary Law -addressing the Crossroads of ... The said discriminatory customary law is void as it conflicts with section 42 (1) and (2) of the Constitution.21 In view of this decision, the Igbo custom which disentitled a female child to inheritance of the estate of her late father no longer represents the law. This is based on the premise that devolution of property follows the blood. (2008). PDF Principles and Practice of Succession Under Customary Law It will also examine the reasons why these . [6] Nwugege v Adigwe(1936) 11 NLR 134;267. 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). Under customary law, parties do not have equal rights in matters of marriage, dissolution and right of property because marriage is a union between two families (22). 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). DELTA STATE SUCCESSION - Mo's blog Oduduwa was the first divine king of the Yoruba people. (PDF) Gender Equality and Customary Marriage: Bargaining ... 2. B.A. 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. - Informal inheritance practices are used by aging farmers to assign land parcels to the children; frequently this happens when the parents are still alive. There are 2 modes of distribution under the Yoruba customary laws (i) per stripes and (ii) per capital. Nov 9, 2018 . Under the Yoruba customary law of inheritance, the persons who are entitled to inherit property .the concept family property in relations to inheritance, and the right or interest of persons who inherit family property are discussed .The two method of distribution of property under the Yoruba customary law of inheritance that is the Idi-igi . The general principle of law is that a person carries his Customary Law with him, . Under Yoruba customary law however, both male and female children are entitled to inherit the personal property of their deceased fathers. estates of their late husbands and fathers. Customary Laws of Inheritance in Nigeria: The Egbudu-Akah Perspective. 4.2 Anekwe v Nweke. 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. Yoruba Customary Law of inheritance; Succession or inheritance of property among the Yoruba tribe of Nigeria is subject to Ori-jori i.e. The history of the Yoruba people begins in Ile-Ife. In Northern Nigeria Sharia law governs property distribution, while in Yoruba regions an estate is divided differently between polygamous families and monogamous families. Furthermore one will ask whether the rule of intestate succession under Yoruba customary law has been finally settled. Under the general or statutory law where a deceased left a valid will behind, there will be a testate succession to his or her property. B.A. This work focuses on the inequitable and discriminatory treatments of women in the Nigerian societies and the legal rights of women under the Nigerian customary laws. In all these divisions certain modes of inheritance can be found and are considered under the following sub -heads. He noted that Yoruba Muslims tend to opt for whatever benefits them from Islamic . This kingdom was founded by the deity Oduduwa, who is believed to have created the world. Author: Peter Cutt Lloyd Publisher: ISBN: Size: 19.61 MB Format: PDF Category : Customary law Languages : en Pages : 11 View: 6507 Get Book. CUSTOMARY LAW RULE OF PRIMOGENITURE AND The court held that Idi igi was repugnant… In Cole vs. Akinyele—proof of legitimacy by paternity was x-rayed. Federal Ministry of Justice. Similarly, Sodiq [32] explains the ambivalence of the Yoruba Muslims of Nigeria in the choice of inheritance laws. Rather than trying to cover all patters of succession, this study examine the customary law of inheritance of the IGBO, BENIN, and YORUBA people as they relate to women and compare same to the Islamic laws . On Yoruba Customary Law of succession the Court was referred to Lewis v. Bankole (1909), NLR 18. 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". The law of succession and inheritance reflects Nigeria's plural legal system. 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. THE LAW OF SUCCESSION UNDER THE NIGERIAN CUSTOMARY LAW. (lex situs) is applicable, with respect to inheritance, the appropriate Customary Law is the Customary Law of the deceased7. Even within the Yoruba monolithic lingua-franca, there . respect to land matters generally, the customary law of the place where the land is situated is applicable. "Discriminatory Property Inheritance Right Under the Yoruba and Igbo Customary Law in Nigeria: The Need. The first spouse usually signs away inheritance rights during a separation or divorce, but it is better to make it watertight. 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. As noted earlier on, the widow is in fact regarded as part of the estate to be inherited by the son or relative. Download Family Property Among The Yoruba books, customary laws of the various tribes in Nigeria, women are not allowed to inherit the. However, whether a widow can inherit the intestate estate of her husband will depend on customary law of his locality. In the event of the death of a man, under the Yoruba customary law of inheritance, children exclusively inherit his real property. This Report represents the culmination of a year-long project undertaken by the Crowley Program in International Human Rights at the Fordham Law School to study issues surrounding women and customary law marriages in South Africa in light of its Each wife and her children constitute Idi-igi or stock. Abstract. the Yoruba Custom which is a true . The court upheld the Yoruba custom that a wife cannot inherit her husband's property and where there are no children alive at his death, the property will devolve on the members of the husband's family either paternal or maternal. 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 Yoruba customary law rules of intestate succession are well settled and have been applied on several occasions 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]. In the Yoruba land Spouses are not meant to inherit each other's property. 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. Among the Hausa, inheritance or succession is normally determined by the customary rules the deceased person lived by during his lifetime. Ordinarily where the demised was married under customary law, his personal estate will be distributed among his children in accordance with the Yoruba Customary law of inheritance, either Idi Igi (per capita) or Ori Ojori (per stirpes), where the intestate marries more than one wives. However, with respect to inheritance, the appropriate customary law is the customary law of the deceased. (1934) 11 NLR 134. inheritance: nature of yoruba customary law on inheritance "…view of the findings of the learned trial judge, it seems to us that the decisions by both the 1st respondent and the 1st appellant as to how the estate should be divided were irrelevant, since neither of them was held to be the head of the family. CHAPTER FOUR: REVIEW OF ANEKWE V NWEKE. customary laws which this research examines are generally biased against women as they. THE IBO CUSTOMARY LAW OF SUCCESSION. . Towards a restatement of Nigerian customary laws. posted on February 19, 2019. The rule of the customary law of succession of the Yoruba is that the property of a person who died intestate is inherited by his surviving children. for Reforms": Dr. Babatunde Adetunji Oni. View Customary Law Rule of Primogeniture and Its Discriminating Effects on Women's Inheritance Right in N from LAW 201 at University of Lagos. Under customary law in all parts of Edo State, a widow cannot inherit in the intestate estate of her deceased husband. None of these cases established any Yoruba customary principles that excluded female inheritance of family property.On this issue of female entitlement to inherit family property under Yoruba customary law, I agree entirely with the statement of this Court in SANUSI V. MAKINDE (1994) 5 NWLR (Part 343) 214 at 225. The position of the law under Yoruba customary law is that all children male and female are entitled to inherit their parents land." See also the Supreme Court case of ADESEYE V. TAIWO (1956) NSCC 76 where the 1st Defendant/Respondent, a daughter of the deceased and her children were held entitled to inherit the property of her deceased parent. A Review of the Customary Law of Inheritance and Succession amongst the Efik and Qua Communities in Cross River State, Nigeria. The Nigerian land law. Pre-colonial inheritance rules in Nigeria we re concerned with the overall welfare of the family (Obi, 1966). THE YORUBA SYSTEM Generally, under the Yoruba customary law, it is the children of the deceased, whether male or female, who are entitled to succeed to the deceased father's property on his death intestate to the exclusion of other relations. customary law alone. Under the Yoruba customary law, children share equally from their father's estate regardless of sex on his death intestate. There are often disputes over the inheritance of land (23). This article focuses however on the Ibo, Benin, Ishan, Yoruba, Itsekiri, Urhobos, Ijaw and Isoko laws of inheritance. 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 … . 486) 149, in Jaiyeola Mulikat Bolji, A Comparative Study of Women's Rights of Inheritance in Nigeria Under Islamic . DOI link for Islamic law of inheritance. 3.2 Yoruba Customary Law of Inheritance. 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. 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. ( Adeseye v Taiwi [1957] 1 FSC ). Customary law governs inheritance of the estate of Nigerians who marry under the customary law unless where there is a valid will. Furthermore one will ask whether the rule of intestate succession under Yoruba customary law has been finally settled. Islamic law of inheritance . The Yoruba people (Yoruba: Ìran Yorùbá, Ọmọ Odùduwà, Ọmọ Ilẹ̀ Káàárọ̀-oòjíire) are a Sub-Saharan African ethnic group who inhabit West Africa and mainly reside in the parts of Nigeria, Benin, and Togo that constitute Yorubaland.The Yorubas constitute around 42 million people in Africa, are a few hundred thousand outside the continent, and bear further representation . The court unanimously held that under Bini customary law of inheritance, the Igiogbe which is the house where a deceased Bini man lived in his life is inherited by his eldest surviving son after the completion of the funeral rites of his late father. Lagos: Princeton & Associates . Dawodu vs. Danmole—the Yoruba customary law of inheritance according to polygamy (per stipes) "idi igi" as against "ori oju ori" per head or per capita, which applies to a monogamous marriage was x-rayed in this case. 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. Whereas, it is said that in Yoruba native law and customs, wives have no right of inheritance in their deceased husband's estate. It will also explore the meaning of inheritance and the effect of inheritance laws on women in Nigeria. Apart from the general law, it is common knowledge that customary law is part of our law in Nigeria and as such we have some rules governing inheritance under native law and customs as well. [6] Nwugege v Adigwe(1936) 11 NLR 134;267. SUCCESSION AND INHERITANCE LAW IN NIGERIA. According to Batak customary law, only the men had the right to inheritance. Indeed, Obi ' observed as follows: "Nowhere in Southern Nigeria does the . Ultimate solution to social inequality against women in Yorùbá land. 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. Click here to navigate to parent product. He said, "In Sogunro Davies vs Sogunro Davies, it was held that the Yoruba customary practices deprived the wife of any right to inheritance because the devolution of property follows the blood. Worse still, some customs see women as mere chattels who have no right to inherit as they are also subjects of inheritance. INHERITANCE RIGHTS OF WIDOWS. 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. The general principle of customary law is that a wife's property acquired before marriage which is not taken to her husband's house cannot be inherited by the husband or the husband's family. (Akinnubi v. Akinnubi [1997] 2 N.W.L.R. do not accord women equal rights with men as regards inheritance. 2014. Even within the Yoruba monolithic lingua-franca, there . The people who inhabit the southern states include Ibos, Yorubas, Binis, Ishans, Urhobos, Itsekiris, Ijaws, Isokos, Oginis, Effiks and Ekois. 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. By Abdulmajeed B. Hassan-Bello. Under customary tenure, women rarely inherit and mostly obtain use rights through their husbands. The Customary laws of inheritance in Nigeria are as diverse as there are cultures with only a few incidental similarities which Allot [21] calls "unity in diversity". Ordinarily where the demised was married under customary law, his personal estate will be distributed among his children in accordance with the Yoruba Customary law of inheritance, either Idi Igi (per capita) or Ori Ojori (per stirpes), where the intestate marries more than one wives. (2016). Speculum Juris, 22(2), 104-122. It was submitted that "Idi - Igi" is an integral part of the Yoruba Native Law and Custom relating to distribution of intestates estate but that the head of the family had the discretion to adopt "Ori Ojori" mode of distribution. per capita or the children of the deceased based upon the number of wives the deceased had. The Fundamental Premise of Customary Law of Succession. Formerly, under the Yoruba customary law, the elder brother of the deceased inherits the entire estate to the exclusion the wife and his children. Taiwo, E.A. The absence of the widow's right to inherit the deceased property is evident in the case of Aileru & ors v. 4.1 A Review of Case Laws on Women's Inheritance Rights prior to. 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 and Islamic law marriages are potentially polygamous (11). The customary law rule of primogeniture and its discriminatory effects on women?s inheritance rights in Nigeria: All case for reform. Taiwo, E.A. 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. Inheritance in Yoruba culture; In Yoruba land, distribution of a deceased estate, who dies without a valid Will, is per stripe aka (idiigi). The Customary laws of inheritance in Nigeria are as diverse as there are cultures with only a few incidental similarities which Allot [21] calls "unity in diversity". When a Yoruba man who dies intestate, dispute often arises as to whether his widow can inherit his property. 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. You can obtain a wide range of personal advice from tax to inheritance planning through your banking manager. The system of customary inheritance in Nigeria varies from one ethnic group to another. Taiwo v. Dosunmu (1966) NMLR 94 Nwogugu E. I. op.cit at 412. As of right, the head of family decides on which system of distribution applies ori-ojori 3.3 Igbo Customary law of Inheritance. Under modern Yoruba customary laws of intestacy, the property of the deceased devolves on all his children who all have equal rights to the property irrespective of sex and age. Even within the Yoruba monolithic lingua-franca, there are . He said, "In Sogunro Davies vs Sogunro Davies, it was held that the Yoruba customary practices deprived the wife of any right to inheritance because the devolution of property follows the blood. Customary succession among the Ibos is predominantly patrilineal [32]. More, the consensus of these scholars is that generally, under customary laws of these people, female children of a deceased male person are not entitled to inherit his personal and real property. FSC 1965, it was held that the Yoruba custom of sharing . Book Gender and Development in Africa and Its Diaspora. Continue Reading. Under Nigerian law, if a man dies without having made a will, his estate is apportioned among his heirs by customary law, which differs by tribe and region. 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. Bankole (1909), NLR 18. There exist various rules that govern succession in Nigeria as Nigeria is a multi ethnic society with diverse cultures and customs and each culture has its own rules that govern disposition of family property, i.e. Furthermore one will ask whether the rule of intestate succession under Yoruba customary law has been finally settled. 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 . May 2018; . Ordinarily where the demised was married under customary law, his personal estate will be distributed among his children in accordance with the Yoruba Customary law of inheritance, either Idi Igi (per capita) or Ori Ojori (per stirpes), where the intestate marries more than one wives. The Yoruba population is part Muslim and part Christian (Encyclopedia of the Third World 1992, 1436). Islamic law of inheritance book. Upon the death of the eldest son, the eldest surviving child male or female succeeds the headship of the family. about THE LAW OF . the customary law of a particular society determines the customary intestate succession of a deceased person in that community. In. 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. Lagos chiefs are called to give evidence of Yoruba law but these men have not the experience of customary court judges; they are called even when the parties in the dispute are not Lagosians,4 their evidence is sometimes held valid for the 1 M.A., D.Phil. ; Land Research Officer, Ministry of Lands and Labour, 2.0. 20 Before the Nigerian Supreme Court decision in Adeniyi Oluwu and Ors v. Olabowale Oluwu and Ors 21 it was a Generally, under. 4.3 The future of widow's inheritance rights in Nigeria. The way a wife can inherit from her late husband is when a property given to her can be proved to be a gift. A widow has no right of inheritance in her deceased husband's estate, as she forms part of the estate of her husband and can also be inherited by a relative of her late husband. roruba social and political structure The Yoruba kingdoms, with a total population of nearly five Daughters have equal rights to inherit from their father's property. It is said the Yoruba people believe that their civilization began at Ile-Ife where the gods descended to earth. However, the question of an appointment by members of the family would not arise after the death of the Headship. It was held that the widows of a deceased owner are not competent, under Yoruba customary law to effect a valid sale of a property of the deceased; because upon intestacy, devolution of property follows the blood and a wife or widow not being of the blood has no claim to any share of the inheritance. Yoruba, in which a man will invest all his savings; it is in respect of these, and not of the miscellaneous collection of household chattels, that rules of succession according to customary law are more rigidly followed. Under the Yoruba customs for instance, two methods of distribution are settled to be in place. However, due to judicial efforts, the practice has been stated to be repugnant to natural justice, equity and good conscience. To another two methods of distribution under the NIGERIAN customary law TABLE CONTENTS Title Page———i Certification——-ii Dedication———iii Acknowledgement——-iv ———vi! 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