AN EXAMINATION OF THE PRACTICE OF RIGHT TO SUCCESSION AND INHERITANCE UNDER NIGERIA’S NATIVE LAWS AND CUSTOMS: A CASE STUDY OF THE OBOSI PEOPLE OF ANAMBRA STATE, NIGERIA

A decease can dispose of his bounties after death. The law, both statutory and customary, has prescribed various ways for the disposition, management and administration of a deceased person’s property. Inheritance is an age long topic that sources its origin to the evolution of mankind. The patterns of inheritance and succession, particularly under intestate estate under customary laws in Nigeria, have almost as many variations as there are ethnic groups in the country, and many of these variations are discriminatory in practice. This study addressed the various harmful cultural and traditional norms that violate the rights of widows, female children and illegitimate children as well as the various frameworks of the international, regional and national instruments for the protection and promotion of women rights and illegitimate children and the application of these instruments in the constitutional and statutory provisions in Nigeria. A person whose estate is governed by English law of succession may, in a will, constitute some of his property as family property to be inherited in accordance with customary law. It is immaterial whether the property was originally acquired under English law. Property acquired under a conveyance in accordance with English law by a person whose estate is to be distributed in accordance with customary law may also devolve on his family as family property on his death intestate.Succession means entering into the estate of a deceased person. It can be testate that is, where the deceased left behind a will or intestate that is, where the deceased died without leaving a will behind. However intestacy is a basic feature under customary law in Nigeria. Succession under customary law applies to persons subject to customary law and persons who although are married under statutory law, died without leaving behind a spouse or a child of that marriage. Succession and inheritance under customary law in Nigeria is not uniform because of the multitudinous customs and traditions existing in Nigeria.