Succession Under Esan Customary Law in Nigeria: Grounds for Disinheriting an Heir from Inheriting His Deceased Father's Estate under Esan Customary Law

Abstract

In Nigeria, there are three main ethnic / tribal groups; these are Hausa - Fulani, Igbo and Yoruba. Apart from these major ethnic groups, there are about 371 (three hundred and seventy-one) other ethnic groups with diverse languages and phonological structures, which are some time noticeable even within the same socio cultural setting. Majority of these ethnic groups share a lot of historical and deep cultural relationship between them as evidence mostly in the application of customary law that regulate their private life on one hand and the relationship that exist between them on the other hand. Apart from these rules of customary law, the common law and statutory law equally plays a major role in the regulation of these relationships. Some time these rules of customary law are subjected to certain test as prescribed by the common law and the statute in other to determine their validity and applicability. These regulatory mechanisms, also apply to the people that constitute Esan ethnic group. They presently occupy Edo Central Senatorial District consisting of five local government areas in Edo State of Nigeria. Historically they share cultural relationship with the Edos in the area of customary law, however with some noticeable differences in its application in certain areas. One of such area is succession. The Edos are one of the largest ethnic groups in Edo state and they occupy Edo South Senatorial District consisting of seven local government areas. This article critically examines the rule of primogeniture which regulation succession to the estate of a deceased person within these two ethnic groups, and discusses in particular grounds under which a hair can be disinherited under Esan customary law.