REVISITING THE CONSTITUTIONALITY AND SUSTAINABILITY OF IGBO CUSTOMARY LAW VESTING SOLE INHERITANCE OF ‘OBI’ IN ELDEST SURVIVING SON

Abstract

Generally, under the Igbo native law and custom, a man’s dwelling house where he lived and died often referred to as ‘Obi or Ngwulu’ is traditionally inherited and owned by his eldest surviving son, to the exclusion of his other children. Regrettably, this discriminatory practice, which favors one child over others solely on the basis of birth order, has long been recognized, upheld, and enforced by Nigerian courts even in contemporary times. Using the extant Constitution as a gauge, this paper interrogated and reassessed the constitutionality and sustainability of this of this aspect of Igbo customary inheritance. It found that the exclusive inheritance of Obi by the first son is incompatible with the principles of natural justice, equity, and good conscience and that it contravened Section 42 of the 1999 Constitution (as amended), which prohibits discrimination on the grounds of birth or status. It advocated that this Igbo customary law be revisited and replaced with law where a man’s Obi would be jointly inherited by all his children irrespective of birth order or status.