AN ANALYSIS OF IGIOGBE CONCEPT UNDER THE BENIN CUSTOMARY LAW OF INHERITANCE IN NIGERIA

Abstract

An Igiogbe is the house where a Benin man lived, died and usually in most cases is buried. It devolves absolutely
without any contradiction on his eldest surviving son as soon as the burial rites are performed and completed by him
(in rare instances supported by family members) in accordance with the Benin Customary burial rites. The work
critically examines igiogbe as concept under the Benin customary law of inheritance, concept of igiogbe and its historical
development, critical review of literature, the igiogbe as a concept, and definition of terms. The objective of the work
is to bring out the original meaning of Igiogbe, through critical litereature review, changes in Igiogbe cultural practice
and address the gender abuse related to this concept. The work examines the origin, status and constitutionality of
customary law in Nigeria. Thereafter, it examines Igiogbe inheritance in Benin kingdom and all other issues and
matters arising from, bothering on and relating to this concept. The work is concluded with recommendations on
mass enlightenment campaigns being mounted by the Ministry of Women Affairs at both the Federal and State
levels to enlighten the people about the hardship and injustice which discriminatory customary laws impose on women
and that any customary law that is discriminatory against women should be declared invalid on the grounds that it
is unconstitutional and repugnant to natural justice, equity and good conscience.