A CONTEMPORARY OVERVIEW OF THE RIGHT TO SUCCESSION UNDER NIGERIA CUSTOMARY LAW

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ABSTRACT

          Right from the beginning there has always been a transition from one generation to another generation and whatever assets or liabilities that were owned or used by one generation is usually passed or transferred to the succeeding generation.

The law of succession is all about the transfer or devolution of property on the death of the owner. It is the manner or form by which property devolves. Though there may not have been any law or statute enacted by a legislature for this purpose, yet each community have had their own beliefs and practices regulating same. Thus, it was held that it is the assent of the natives of a particular community to practices and customs in that community that makes such practices and customs valid. Customary law embodies customs as practiced by the people which they regard as binding on them. Customary succession therefore, is concerned with the way and manner recognized and accepted by the people in which properties are transferred locally according to the customs, traditions and practices of the people.