The inheritance of land in Nigeria is not governed by a single, unified national law. Instead, it is deeply embedded in the customary laws of the deceased’s ethnic group, which can vary significantly across different regions and communities. Understanding these diverse legal traditions is crucial for ensuring the smooth and equitable distribution of land among heirs.
Here’s a deeper look into the multifaceted landscape of land inheritance in Nigeria:
Principles Governing Inheritance In Nigeria
- The first principle is that land is inherited by the deceased’s family. The family is defined differently in different ethnic groups, but it typically includes the deceased’s spouse, children, parents, and siblings.
- The second principle is that the eldest male child is usually the first in line to inherit land. However, this is not always the case, and other factors such as age, gender, and marital status may also be considered.
- The third principle is that women can inherit land. However, their rights to inherit land have been limited in the past, and this is still an issue for some ethnic groups.
Principles of Inheritance from Court Decisions
In recent years, there have been a number of Supreme Court of Nigeria decisions that have clarified the rules for inheritance of land in Nigeria. In particular, the Supreme Court has ruled that:
The customary law of inheritance must be interpreted in accordance with the Constitution. This means that customary law cannot be used to discriminate against women or other groups of people.
The customary law of inheritance must be applied in a just and equitable manner. This means that the courts will not uphold customary law rules that are unfair or unreasonable.
As a result of these decisions, the rules for inheritance of land in Nigeria are becoming more equitable and women are now able to inherit land on an equal footing with men.
Here is a Supreme Court of Nigeria decision that clarifies the rules for inheritance of land in Nigeria:
In the case of Mrs. Lois Chituru Ukeje and Enyinaya Lazarus Ukeje v. Mrs. Gladys Ada Ukeje, the Supreme Court ruled that an Igbo customary law that excluded female children from inheriting the property of their deceased fathers was invalid. The Court held that this customary law violated the Constitution’s guarantee of equality of all citizens.
This case is an important precedent that has helped to ensure that women in Nigeria have the same inheritance rights as men.
We hope this information is helpful. Please feel free to share this post with anyone who you think may benefit from it.
Referenced case: Mrs. Lois Chituru Ukeje and Enyinaya Lazarus Ukeje v. Mrs. Gladys Ada Ukeje [2005] 3 NWLR (Pt. 913) 502
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