AN ANALYSIS OF SUCCESSION PRIMOGENITURE AND INTESTACY UNDER YORUBA CUSTOM LAW

ABSTRACT This study analyzes the principles of succession, primogeniture, and intestacy under Yoruba customary law, with focus on its implications for gender equality and human rights. While Yoruba customary law is progressive in allowing both male and female children to inherit equally, it remains discriminatory against widows, who are excluded from inheriting their husbands’ estates and are instead treated as inheritable property. This practice raises significant concerns about equity, justice, and compliance with international human rights standards. The research employs a doctrinal methodology, drawing on case laws, statutes, scholarly articles, and customary legal principles to evaluate Yoruba inheritance laws. Historical, analytical, and comparative methods are used to assess the legal and cultural foundations of these practices and their alignment with modern legal frameworks. Findings reveal that, despite the commendable gender-neutral approach for children, the systematic exclusion of widows perpetuates gender inequality. Comparative analysis with other Nigerian ethnic groups, such as the Igbo and Idoma, shows similar discriminatory trends, though the Yoruba system is relatively more inclusive for daughters. To address these disparities, the study recommends legislative reforms to abolish discriminatory inheritance practices, judicial intervention to invalidate customs that violate constitutional equality provisions, and public awareness campaigns to promote gender equity. Additionally, adopting best practices from jurisdictions that have harmonized customary law with human rights principles could serve as a model for equitable inheritance in Nigeria. By implementing these changes, Yoruba customary law can evolve into a more just and inclusive system, setting a precedent for reform across Nigeria.