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CUSTOMARY SUCCESSION LAW IN MODERN IBO LAND; JUDICIAL AND LEGISLATIVE DIMENSION IN FOCUS*
CUSTOMARY SUCCESSION LAW IN MODERN IBO LAND; JUDICIAL AND LEGISLATIVE DIMENSION IN FOCUS*
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The law of succession is all about the transfer or devolution of property on the death of the owner[1] . 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,[2] 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[3] . Customary law embodies customs as practiced by the people which they regard as binding on them[4] . 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.
- Constitution of the Federal Republic of Nigeria 1999[19]
- Administration of Estates Law 1959 which is applicable to states of the old Western Region[20]
- Administration of Estates Law, Lagos State[21]
- Administration and succession (Estates of Deceased Persons) Law, 1987[22] applicable to Anambra, Enugu and Ebonyi States
- Case law[23]
- Islamic Law[24]
- Customary Law[25]