THE BINI CUSTOMARY LAW OF INHERITANCE AND SUCCESSION: THE INTESTATE PRACTICE OF IGIOGBE

Abstract

This work examined the intestate practice of igiogbe and inheritance under the Bini customary law. An Igiogbe isthe house where a Bini man lived, died and usually in most cases is buried. It devolves absolutely without anycontradiction on his eldest surviving son as soon as the burial rites are performed and completed by him (in rareinstances supported by family members) in accordance with the Bini Customary burial rites. The work criticallyexamined hereditary traditional title holders and non-traditional title holders, the urho – system (per stripes),burial ceremony. This work found that Igiogbe practice is still relevant in modern Benin kingdom and that thediscriminatory practice against the women folk in relation to this concept is alarming and ridiculous. The workis concluded with some recommendations. Amongst which includes mass enlightenment campaigns being mountedby the Ministry of Women Affairs at both the Federal and State levels to enlighten the people about the hardshipand injustice which discriminatory customary laws impose on women and that any customary law that isdiscriminatory against women should be declared invalid on the grounds that it is unconstitutional and repugnantto natural justice, equity and good conscience.