CUSTOMARY SUCCESSION LAW IN MODERN IBO LAND; JUDICIAL AND LEGISLATIVE DIMENSION IN FOCUS

ABSTRACT

          Right from the beginning there has always been a transition from one generation to another generation and whatever assets or liabilities that were owned or used by one generation is usually passed or transferred to the succeeding generation.

The law of succession is all about the transfer or devolution of property on the death of the owner[1]. It is the manner or form by which property devolves. Though there may not have been any law or statute enacted by a legislature for this purpose, yet each community have had their own beliefs and practices regulating same. Thus, it was held,[2] that it is the assent of the natives of a particular community to practices and customs in that community that makes such practices and customs valid[3]. Customary law embodies customs as practiced by the people which they regard as binding on them[4]. Customary succession therefore, is concerned with the way and manner recognized and accepted by the people in which properties are transferred locally according to the customs, traditions and practices of the people.

This seminar paper therefore is aimed at examining customary succession among the Ibo speaking peoples of Nigeria

INTRODUCTION

Haven noted above the fact that succession have been since the existence of man upon the earth, it therefore means that succession in Africa and in particular among the Ibo speaking peoples of Nigeria did not begin with colonization. Thus even before the colonization of Africa, her indigenous people had their own established culture, customs, practices and way of life which regulated relationships between of these communities, including succession[5].

Customary law is any system of law different from common law and a law enacted by a competent legislature in Nigeria, but which is enforceable and binding within Nigeria as between the parties subject to its way[6]. Customary succession therefore, is succession that is not in accordance with the common law or a statute enacted, but in accordance with the traditions, customs and practices of the local people which are enforceable and binding between the parties which are subject to it.

This paper therefore the examines nature of succession as practiced according to the customs, traditions and practices of the Ibos of Anambra, Enugu, Ebonyi, Imo and Abia states, (South-Eastern states) of Nigeria, legislative and judicial interventions and their impact on these customary practices, advantages and disadvantages of customary practices if any, recommendations and conclusion.

WHAT IS SUCCESSION?

Succession is the assumption of position or title, the right to take up position or little, or the order in which a position is taken up[7]. According to Kerridge R[8], it is concerned with the transfer or devolution of property on death[9]. Succession has been defined as “the order in which or the condition under which one person after another succeeds to a property, dignity, title or throne; the act or process of a person becoming beneficially entitled to a property or property interest of a deceased person[10]”. Succession can either be testate or intestate. Testate succession is based on the provision of a will, while intestate succession is that which is without a will. In this paper however, we are concerned with intestate succession

INTESTATE SUCCESSION

Intestacy is a condition in which one dies without a valid will[11]. It refers to the laws of the state which provides for the inheritance of property from a person who dies without leaving a will[12]. It is the body of law that determines who is entitled to property in the absence of a valid last will and testament or other binding declarations[13].

Intestacy could be total or partial. It can be said to be total where there is no will at all or even if there was, it has been invalidated. On the other hand intestacy can be said to be partial in either of the following circumstances. First, where a particular gift or gifts lapse, secondly where the entire estate is not fully covered by the will or thirdly some aspects of the will have been invalidated.

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