The Evolution of Inheritance Practices in Nigeria

INTRODUCTION

Inheritance practices in Nigeria are shaped by a rich tapestry of cultural, ethnic, and religious influences. With over 500 ethnic groups and multiple religious beliefs, inheritance systems vary significantly across the country. These practices have evolved over time, influenced by historical events, colonial interventions, and contemporary legal reforms. Succession to and inheritance of a deceased parents’ property is as natural as man and the universe. This is so because God willed it through his biblical injunction that a good man should leave his inheritance to his children[1] and because under indigenous rule and tradition, his belongings constitute family belongings.

The rights and obligations of the children to their parents’ property is put in abeyance while they are alive, but such rights and obligations take effect after the demise of the parents. The vital question is who are persons entitled to the succession and inheritance of man’s or woman’s property which he/she acquired while he/she was alive? In a situation where a man or woman executed a will before his/her demise, there are no issues as this is known as testate succession. However, where a man or woman dies without executing a will, problems arise, particularly in local communities in Nigeria where their personal laws of inheritance are hazy and vague. This is known as intestate succession.

It is important to note that a deceased wealth and property can either be a real or personal property. Real property is immovable and includes land and all fixtures attached to the land while personal property is movable and includes cars, money, goods, trinkets, shares, clothes, titles etc. Both real and personal properties owned by a man or woman are jointly known as his/her estate. Legally, the children, widower and widow are recognized as a demised man’s or woman’s beneficiaries or successors, because they are entitled to the succession and inheritance of his or her estate.

1.1 BRIEF HISTORICAL BACKGROUND OF INHERITANCE PRACTICES IN NIGERIA[2]

1. Pre-Colonial Era

In the pre-colonial Nigeria, inheritance practices were primarily dictated by customary laws that varied among ethnic groups. Many communities adhered to a system of communal land ownership, where property was not individually owned but rather held in trust for the community. Inheritance was typically determined by lineage, with many societies practicing either patrilineal or matrilineal inheritance. For instance, among the Yoruba, inheritance was predominantly patrilineal, favoring male descendants. Land and property would pass from father to son, reinforcing male dominance in family structures. Conversely, some ethnic groups, such as the Efik and Ibibio, practiced matrilineal inheritance, allowing women to inherit property from their mothers, particularly in the absence of male heirs.

2.  Colonial Influence

The arrival of the British colonial rule in the late 19th century significantly altered traditional inheritance practices. The British colonial administration sought to impose a legal framework that often conflicted with customary practices. The introduction of statutory laws, exemplified by the Nigerian Land Use Act of 1978, aimed to formalize land ownership but failed to address the intricacies of inheritance issues. Colonial authorities established the Native Courts Ordinance of 1914, which allowed customary courts to adjudicate matters related to inheritance. However, this legal duality often led to confusion and inconsistencies, particularly concerning women’s rights. The colonial legal system largely ignored the realities of local customs, creating tensions between traditional practices and imposed legal norms.

Traditionally, women’s inheritance rights have been limited, reflecting patriarchal structures. However, in many communities, there has been a gradual shift towards recognizing women’s rights to inherit property.

1.2 NIGERIA’S ETHNIC DIFFERENCES

Nigeria’s diverse ethnic landscape significantly influences inheritance practices. Each ethnic group has its unique customs and traditions surrounding inheritance:

1. Igbo Inheritance Practices:

Traditionally, the Igbo people followed a patrilineal system where male children were favored for inheritance. However, women could inherit property under certain conditions, such as remaining unmarried or in the absence of male heirs. This duality reflects the complex nature of Igbo customs, which emphasize both lineage and family cohesion.

2. Hausa-Fulani Practices:

In predominantly Muslim communities, inheritance is guided by the Islamic law. Under Shari’ah, males typically receive double the share of females. This practice, deeply rooted in religious beliefs, emphasizes the male’s responsibility to provide for the family while ensuring that women are not completely excluded from inheritance.

3. Ijaw Inheritance Practices:

Among the Ijaw people, inheritance practices exhibit a more egalitarian approach, allowing women to inherit property alongside men. This tradition challenges the more common patriarchal norms seen in other ethnic groups.

1.3 THE IGBO RULES OF INHERITANCE AND SUCCESSION[3]

Although there may be slight variations in the rules of inheritance and succession amongst Ibo ethnic nationalities the dominant principle is primogeniture, that is, succession by the first male child, who is called the Okpala Or Diokpala. The primogeniture principle is strictly based on the patrilineal system. Hence on the demise of the deceased head or founder of the family the first male child assumes the position of the head of the family. He inherits his deceased father’s dwelling house or “obi” and the immediate surrounding compound, and one distinct piece of land known as “aniisi obi”. Other sons, however, inherit other lands and houses as a family unit. Females whether daughters or widows have no right of inheritance or succession under the Igbo Customary Law.

However, under the customary law of some parts of Idemili Local Government Area of Anambra State of Nigeria, daughters whom the Nrachi Ceremony has been performed upon can inherit their deceased fathers’ property. This exception applies only where a deceased man had only daughters but no son(s). To perpetuate the deceased man’s bloodline one of the daughters would be persuaded not to marry, but to remain in the family with the hope that she would bear a male. Even though the general Igbo Customary Law precludes daughters from the inheritance of their deceased father’s property, they have the right of maintenance from proceeds on the property as well as a farmland to meet their farming needs until they marry or leave the family or die.

1.4 THE YORUBA RULES OF INHERITANCE AND SUCCESSION[4]

Under the Yoruba Customary law of inheritance and succession, only the deceased’s children (both male and female) can inherit. Both legitimate male and female children share equally. However, the eldest male child or Dawodu, is automatically in control, management and trusteeship of their deceased father’s estate. This general Yoruba Native Law and Custom on inheritance and succession was given judicial validation in Lewis v. Bankole[5] which laid down the Yoruba rules of succession thus:

1. When the founder of a family dies, the eldest existing son called the Dawodu succeeds to head the family residence and manage the family affairs.
2. When the eldest son dies, the next eldest surviving child of the founder (either male or female) succeeds as head of the family.

• All branches of the family or representatives in the family council (children of the various wives of the deceased) must be consulted and their consent obtained before the family’s property can be alienated.

1. Division of the property amongst the children is in equal shares irrespective of the branches of the family.
2. The deceased founder’s grand children can only inherit after the demise of their parents.
3. The founder’s compound or house is preserved for posterity.

There are two basic ways of sharing a deceased man’s estate under the Yoruba Native Law and Custom, namely, per stirpes (or Idi Igi) and per capita (or Ori Ojori).

2.1 THE LEGAL FRAMEWORK GOVERNING INHERITANCE IN NIGERIA

The legal framework governing inheritance in Nigeria is multifaceted, incorporating both statutory and customary laws. The 1999 Nigerian Constitution (as amended) recognizes customary law, but it also upholds statutory provisions. Key legislation impacting inheritance practices includes:

1. Matrimonial Causes Act (1970):

This Act governs divorce and custody issues but also addresses property rights of spouses. It emphasizes the need for fairness and equity in property distribution, albeit primarily in statutory marriages.

2. Land Use Act (1978):

While not directly addressing inheritance, this Act governs land ownership and usage. Its provisions can complicate inheritance issues, particularly in rural areas where communal land ownership is prevalent.

3. Child Rights Act (2003):

This Act promotes the rights of children, including inheritance rights. It reinforces the need for equitable treatment of all children, irrespective of gender, and supports the principle that children’s welfare is paramount in inheritance decisions.

 CUSTOMARY LAW

Customary laws continue to play a significant role in inheritance practices across Nigeria. These laws vary by region and ethnic group, reflecting local customs and traditions. However, they often lack formal recognition in the judicial system, leading to inconsistencies in enforcement.

ISLAMIC LAW

Islamic law governs inheritance for Muslim families, dictating specific shares for male and female heirs. The application of Shari’ah law principles ensures that women receive their rightful inheritance, albeit typically at a lesser share than men. This legal framework highlights the importance of cultural and religious contexts in shaping inheritance practices.

JUDICIAL INTERPRETATION

Nigerian courts have been instrumental in interpreting and applying laws related to inheritance. Landmark cases have set precedents that challenge traditional norms, particularly concerning women’s rights. In the case of Nwankwo v. Nwankwo[6] the court recognized a woman’s right to inherit property, affirming that customary practices must align with constitutional provisions on gender equality.

2.2 THE EVOLUTION OF INHERITANCE PRACTICES IN NIGERIA

Historically, women in Nigeria have faced significant barriers[7] regarding inheritance rights. In many cultures, societal norms perpetuate the idea that property should be passed down through male heirs, limiting women’s ability to inherit land and assets. Women often find themselves marginalized in inheritance matters, facing stigma and resistance when asserting their rights. However, recent years have witnessed a gradual shift towards recognizing women’s inheritance rights. Increasing awareness of gender equality issues, coupled with advocacy from various organizations, is pushing for reforms to protect women’s rights in inheritance matters.

1. LEGAL REFORMS[8]

Recent advocacy efforts have focused on legal reforms to enhance inheritance rights for women and promote gender equality. Organizations such as the Women’s Rights Advancement and Protection Alternative (WRAPA)[9] are actively working to address discriminatory practices and provide legal support to women seeking to assert their inheritance rights. Their initiatives include public awareness campaigns, legal education, and community outreach programs aimed at empowering women.

2. INCREASED AWARENESS

Civil society organizations and NGOs have played a crucial role in raising awareness about inheritance rights and gender equality. Educational programs targeting both men and women have been implemented to promote understanding of legal rights and available recourse. These initiatives are essential in challenging cultural norms that perpetuate discrimination and marginalization of women in inheritance matters.

3. POLICIES INITIATIVES

The Nigerian government has made commitments to uphold women’s rights, including in inheritance matters. Policies promoting gender equality, such as the National Policy on Gender, aim to create a more equitable legal environment for women. However, the successful implementation of these policies remains a challenge, requiring continued advocacy and monitoring.

CONCLUSION

The evolution of inheritance practices in Nigeria reflects a complex interplay of cultural, historical, and legal factors. While traditional customs have long dictated inheritance rights, colonial influences and contemporary legal reforms have contributed to significant changes in these practices. The increasing recognition of women’s rights in inheritance matters marks a critical shift towards promoting gender equality in Nigeria. Continued advocacy for legal reforms and public awareness initiatives is essential to ensure that inheritance practices evolve to meet the needs of a diverse and changing society, ultimately fostering a more equitable environment for all individuals.

FOOTNOTES:

[1] Good News Bible, 1976

[2] Eze, P. (2018) “Inheritance and Succession Rights in Nigeria: A Comparative Study.” African Journal of Law and Society. https://www.accord.org.za/ajcr-issues/inheritance-succession-rights-nigeria/

[3] Michael Takim Otu & Miebaka Nabiebu Succession to, and Inheritance of Property under Nigerian Laws: A Comparative Analysis European Journal of Social Sciences ISSN 1450-2267 Vol. 62 No 2 June, 2021, pp. 50-63 http://www.europeanjournalofsocialsciences.com

[4] Michael Takim Otu & Miebaka Nabiebu Succession to, and Inheritance of Property under Nigerian Laws: A Comparative Analysis European Journal of Social Sciences ISSN 1450-2267 Vol. 62 No 2 June, 2021, pp. 50-63 http://www.europeanjournalofsocialsciences.com

[5] (1908)

[6] (1994)

[7] Ogunleye, O. (2019). “The Role of Women in Inheritance: A Historical Perspective.” *International Journal of Gender Studies in Nigeria. https://www.genderstudiesinnigeria.org/

[8] Akinwunmi, F. (2021). “Inheritance Law in Nigeria: The Need for Reform.” Journal of Law and Social Sciences.https://www.jlssjournal.org/

[9] Women’s Rights Advancement and Protection Alternative (WRAPA)**. (2023). “Inheritance Rights: Gender Equity in Nigeria.”https://wrapanigeria.org/