Distribution of Intestate Property Under the Customary Law of the Ngwa People of Abia State, Nigeria

Abstract

The pattern of inheritance of property in Igbo land is generally assumed to be uniform. However, previous scholars have not considered the impact of diverse cultural practices on the law of the different Igbo communities. Igbo land comprises culturally distinct sub-groups with diverse historical and cultural origins requiring different customary law practices which, however, are absent in the region. The cultural specificity of the customary law of distribution of the Ngwa was examined. Also, the customary laws of distribution of intestate property among the people found in seven local government areas of Abia State investigated, in order to highlight their relevance or otherwise to the cultures. A combination of historical and analytical approaches was adopted utilising both primary and secondary data. These included legal texts, law reports, archival documents and case law analysis. Judgements in twelve cases that originated in Ngwaland and decided either by a customary court or the Customary Court of Appeal of Abia State were analysed. Oral interviews of 42 selected primary custodians of Ngwa customs and other persons knowledgeable in Ngwa oral history were carried out. Participant observations of some of the customs were also done during visits to the community. Data were subjected to content analysis. The assumption of uniformity in the customary law pattern of inheritance of property in Igbo land was demystified by the existence of peculiar customary rules of distribution of intestate property among the Ngwa people. Such peculiarities were typified by the unique Ngwa customary concepts like the ofo (a symbol of authority, physically represented by a piece of wood derived from Detarium Elastica); Isi Njoku (Njoku’s skull/head); Isi Nmaji (Nmaji’s skull/head); ohia ofo (lineage land reserved for the ofo holder); Ohia Njoku (lineage land reserved for the service of Isi Njoku), Ji Oketa Oliwa (harvested yam preserved underground) and Ji isi oba (first row of yams in a barn). These are special intestate properties whose unique Ngwa cultural significance makes them impossible to be partitioned. As observed in the customary law, the order of seniority was not followed when taking shares in intestate properties among Ngwa polygamous families. Similarly, the ultimogeniture rule applies in the distribution of a woman’s real estate. General uniformity in the customary law of intestate succession to property in Igboland was wrongly assumed because sub-ethnic cultural differences were not considered. Any application of uniformity will not only cause injustice but will also mislead the law to a blind alley. Rules of distribution of intestate property in specific communities are consequently a sine qua non to any conclusive assertion on the applicable laws. Thus, there is a need to ascertain and document the Ngwa customary law of inheritance in a Restatement of Law.