THE LAW OF SUCCESSION UNDER THE NIGERIAN CUSTOMARY LAW

ABSTRACT The law of succession under Nigerian customary law represents a complex and culturally rooted system governing the distribution of a deceased person’s estate. This study examines the principles, practices, and challenges associated with customary succession in Nigeria, with particular focus on its diversity across ethnic groups, including patrilineal and matrilineal inheritance systems. It explores how customary law determines heirs, property rights, and the role of family heads in estate administration. The research highlights the predominance of male inheritance in many Nigerian communities, where women and children—especially female children—are often excluded or limited in their rights to inherit property. It further analyzes the impact of judicial decisions and statutory interventions aimed at addressing discriminatory practices, particularly in light of constitutional provisions on equality and non-discrimination. Additionally, the study considers the interaction between customary law and other legal systems in Nigeria, such as statutory law and Islamic law, and how conflicts between these systems are resolved by the courts. The role of the judiciary in reforming and modernizing customary succession practices is also critically assessed. The findings reveal that while customary law remains relevant and widely practiced, it faces significant challenges in adapting to contemporary human rights standards. The study concludes by recommending legal reforms, increased public awareness, and judicial activism to ensure a more equitable and uniform system of succession that balances cultural values with fundamental human rights.