Succession Rights under Esan Customary Law in Nigeria: The Problems of Applicability of Esan Customs and the Challenges of Fundamental Rights

Abstract

Esan Native Law and Customs like any other customary laws in Nigeria is recognised as law that regulated the customary aspect of the people subject to its jurisdiction. One of such aspect, is succession and inheritance rights. Although, Esan customary law has from time immemorial made adequate and sufficient rules that regulate and govern succession rights, recently these rules have come under vigorous legal scrutiny concerning their applicability vis-à-vis the enforcement of fundamental rights of citizens that are constitutionally guaranteed. This article therefore seeks to examine critically the application of Esan Native Law and Customs regulating succession and inheritance rights in general, identify its deficiencies and advocate for sustainable ways to harmonise them by making them to conform with the current state of the law dealing with the enforcement of fundamental rights of citizens. This approach has become imperative in other to prevent certain aspect of Esan Native law and customs dealing with succession rights from being adjudged repugnant to natural justice equity and good conscience. Keywords: Succession Rights, Esan Customary Law, and Fundamental Rights DOI: 10.7176/JLPG/117-09 Publication date: January 31 st 2022