Customary Inheritance Law in Nigeria: Igbo, Yoruba, and Benin Rules

Nigeria has approximately 500 ethnic nationalities, each with distinct inheritance traditions. When someone dies intestate — without a valid Will — and their marriage was contracted under customary law rather than the Marriage Act, their estate is distributed according to these ethnic customs. The rules vary dramatically between communities, and some directly conflict with constitutional protections.

Here is how the three most widely practised customary inheritance systems work, and what the Supreme Court has said about their limits.

Yoruba Inheritance Law

Yoruba customary inheritance applies two main distribution methods, and the family typically chooses which one to follow:

Idi-Igi (Per Stirpes)

The estate is divided into equal portions based on the number of wives the deceased had. Each wife's portion is then shared equally among her children.

In a polygamous household where the deceased had three wives — one with two children, one with four children, and one with one child — the estate splits into thirds. Each child of the second wife receives one-twelfth of the estate, while the only child of the third wife receives the full one-third.

This method can create severe inequality between children depending on how many siblings they have through the same mother.

Ori-Ojori (Per Capita)

The estate is divided equally per head among all children, regardless of which mother they were born to. This approach is increasingly preferred because it avoids the disparities that idi-igi creates in polygamous families.

Under both methods, wives do not inherit directly — they are maintained by their children. The family compound typically stays communal rather than being divided.

Igbo Inheritance Law

Traditional Igbo inheritance follows male primogeniture — the eldest surviving son (Okpala) inherits the primary estate, including the family home, land, and the role of family head. He is expected to act as a trustee, managing the assets for the benefit of his brothers and maintaining his mother and sisters.

Historically, this system excluded daughters and widows from inheriting land or personal property entirely. The widow was considered part of the estate in some communities — subject to practices like widow inheritance (nkuchi), where she was expected to marry a male relative of the deceased.

The Supreme Court has declared these exclusions unconstitutional:

• Mojekwu v Mojekwu — struck down the oli-ekpe custom that barred female children from inheriting
• Ukeje v Ukeje (2014) — confirmed that excluding female children from intestate succession violates Section 42(1) of the 1999 Constitution
• Anekwe v Nweke — ruled that customary laws disinheriting widows are repugnant to natural justice

Despite these rulings, traditional practices persist in rural and conservative communities. Families often pressure widows and daughters to "respect tradition" without disclosing that the law is on their side.

Benin (Edo) Inheritance Law

Under Benin customary law, the eldest surviving son inherits the family home (Igiogbe) — the ancestral house — provided he completes the mandatory traditional funeral rites known as Itolimi. Without performing these rites, the eldest son loses his claim.

This rule is extraordinarily strong — in some interpretations, it overrides even a written Will. The Igiogbe is treated as an ancestral trust asset rather than personal property that can be freely disposed of.

Other assets beyond the Igiogbe are typically distributed among the remaining children, with the eldest son also receiving a larger share as family head.

In the case of Henry Omon Ogun v Benito Ogun, two brothers from Edo State disputed who was the rightful eldest son entitled to perform Itolimi. The traditional ruler (Onojie of Uromi) ordered a DNA paternity test to verify lineage — an example of how customary inheritance disputes increasingly combine traditional authority with modern verification methods.

The Constitutional Limit on Custom

The Supreme Court has established a clear principle: customary rules must pass a constitutional test. Any custom that discriminates based on gender or violates fundamental rights is void and unenforceable.

This means:

• A daughter cannot be excluded from inheriting because of her gender
• A widow cannot be evicted from the matrimonial home under the guise of custom
• In-laws cannot seize estate assets by claiming customary authority
• Any person affected by discriminatory customary rules can seek relief at the High Court

However, the constitutional override only works if someone asserts it. Families that accept customary distribution without challenge — even if it disadvantages them — will not receive the protection of these rulings automatically.

Practical Steps If Custom Is Being Used Against You

1. Know your rights. The Supreme Court decisions in Anekwe v Nweke and Ukeje v Ukeje are binding on every court in Nigeria.
2. Apply for Letters of Administration at the High Court Probate Registry. Once the court issues a grant, it distributes the estate according to statutory rules, not customary preferences.
3. Contact the Administrator-General and Public Trustee (AGPT) in your state's Ministry of Justice. The AGPT specifically handles cases involving vulnerable heirs, estate dissipation, and family exploitation.
4. Document everything. Note what relatives say, what they claim custom entitles them to, and any threats made. This evidence supports your case if the matter reaches court.

The Nigeria Estate Settlement Guide covers all three legal frameworks — statutory, customary, and Islamic — with decision flowcharts, distribution rules, and step-by-step instructions for protecting your rights during estate settlement.

Guide to Estate Settlement and Inheritance in Nigeria →