Nigeria—Customary Land Law of the Itsekiris: A Look at Idundun v. Okumagba

Abstract

This case, as will be seen from the facts, was between the Itsekiri2 tribe sub-tribe in Warri Division of the Midwestern State of Nigeria, who were plaintiffs, and the defendants, a family from another tribe in Eastern Urhobo Division of the Midwestern State who had founded a home in Okere,3 Warri. It was about the “ownership” of a piece or parcel of land in Okere. The plaintiffs claimed, inter alia, a declaration that in accordance with Itsekiri customary law the piece or parcel of land in dispute at Okere, Warri, was the property of the Ogitsi Family of Okere subject only to the overlordship of the Olu (King) of Warri, now vested in and exercisable by Itsekiri Communal Lands Trustees by virtue of the Communal Land Rights (Vesting in Trustees) Law, 1958, and the Warri Division (Itsekiri Communal Lands) Trust Instrument, 1959.