What Are Inheritance Rights Under Ogun State Customary Law?
Introduction
Inheritance under customary law remains a significant component of the Nigerian legal system, particularly in Yoruba-speaking areas such as Ogun State. Despite the evolution of statutory law, customary law continues to influence property distribution, family rights, and succession after death. This comprehensive article, prepared by Chaman Law Firm, explores the inheritance rights of individuals under Ogun State customary law. It analyzes the structure of customary inheritance, judicial interpretation, constitutional challenges, and modern reforms that have transformed traditional practices. It also provides practical guidance for families, widows, and heirs on protecting their inheritance rights within the dual framework of customary and statutory law.
Nature and Scope of Customary Law in Ogun State
Customary law refers to the body of customs, traditions, and practices recognized as binding by the people of a particular community. In Ogun State, the prevailing system is the Yoruba customary law, which is characterized by communal ownership of land and collective inheritance. It operates independently of statutory law but must not contradict the Constitution of the Federal Republic of Nigeria. The Evidence Act recognizes customary law under Section 18(3), provided it is not repugnant to natural justice, equity, and good conscience. Customary law succession applies mainly where the deceased dies intestate—that is, without leaving a valid will. Where a will exists, statutory succession under the Wills Law of Ogun State takes precedence.
Principles Governing Customary Inheritance
Customary inheritance in Ogun State is guided by principles that emphasize family continuity, collective ownership, and preservation of ancestral property. Property does not devolve to a single individual but becomes family property managed by the family head. Inheritance rights are determined by lineage, gender, and legitimacy. The Yoruba customary system traditionally favors the male lineage; however, recent court decisions have expanded rights to include female heirs and widows.
Categories of Beneficiaries
Under Ogun State customary law, beneficiaries of a deceased person’s estate include widows, children, and extended family members.1. Widows: A widow is entitled to reside in the matrimonial home and enjoy maintenance but historically did not inherit her husband’s property. However, judicial reforms have modified this rule, and widows now enjoy equitable interests in properties acquired jointly during marriage.2. Male Children: Sons are principal heirs under Yoruba custom. The eldest son (known as the ‘Dawodu’) assumes administrative responsibility for family property but acts in trust for all members.3. Female Children: Traditionally excluded, female children are now recognized as equal heirs following the Supreme Court’s landmark ruling in Anekwe v. Nweke (2014) LPELR-22697(SC).4. Extended Family: Where there are no direct descendants, inheritance reverts to brothers, nephews, and other agnates within the family structure.
Systems of Distribution: Idi-Igi, Ori-Ojori, and Per Stirpes
The Yoruba customary law recognizes three major systems for distributing property:1. Idi-Igi System: Property is divided according to the number of wives the deceased had. Each wife’s children take one equal portion regardless of their number. This system often results in unequal distribution among individual children.2. Ori-Ojori System: Property is divided equally among all the children of the deceased irrespective of their mothers. This method promotes equality and fairness and has been favored by modern courts.3. Per Stirpes: Property is divided according to family branches, ensuring proportional representation of each lineage. Courts in Ogun State often encourage families to adopt this model to avoid disputes.
Conclusion and Call to Action
Customary inheritance in Ogun State reflects deep cultural values centered on family solidarity and continuity. However, with Nigeria’s constitutional reforms and evolving social norms, customary rules must be interpreted in line with equity and justice. At Chaman Law Firm, we help individuals and families navigate inheritance under both customary and statutory law. We assist in drafting family agreements, mediating disputes, and securing titles for inherited properties.
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