Reform of the Customary Law of Inheritance in Nigeria: Lessons from South Africa

(2014) 14(2) African Human Rights Law Journal pp. 633-654

22 Pages Posted: 27 Jun 2017

See all articles by Anthony Diala

Anthony Diala

University of the Western Cape

Date Written: 2014

Abstract

Apart from preserving bloodlines, the male primogeniture rule of inheritance is aimed at providing material support to deceased persons’ dependants. This ‘inheritance-with-responsibilities’ principle is being eroded by socio-economic changes, such as urbanisation, labour migration and the diffusion of extended families, thereby causing hardship to widows, girls and younger male children. So, to what extent has Nigeria reformed customary law inheritance rules in order to reconcile them with changing social conditions? Whereas South Africa has adopted judicial and legislative measures to reform customary laws of inheritance, the same cannot be said for Nigeria, despite recent Supreme Court decisions. Using the best interests of dependants’ principle as a lens, the article offers to Nigeria lessons in customary law reform from South Africa. It argues that reform efforts and public debate in Nigeria do not adequately engage the changing social conditions that influence the customary law of inheritance, and suggests two options to remedy this situation.

Keywords: Customary law reform, succession, best interests of dependants

Suggested Citation

Diala, Anthony, Reform of the Customary Law of Inheritance in Nigeria: Lessons from South Africa (2014). (2014) 14(2) African Human Rights Law Journal pp. 633-654, Available at SSRN: https://ssrn.com/abstract=2992014

Anthony Diala (Contact Author)

University of the Western Cape ( email )

Private Bag X17 Bellville
Cape Town, Western Cape 7535
South Africa

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