Family Land: Meaning, Creation and Guiding Principles under Customary Law in Nigeria

Authors

  • Ajibolu Afolabi National Judicial Institute, Mohammed Bello Center, Jabi- Airport Road, Abuja.
  • Stephen Chikere Nzenwa National Judicial Institute, Mohammed Bello Centre, Jabi- Abuja
  • Simon Ugo Nwankwo

Keywords:

customary law, custom, land, family, inheritance, village, clan, community

Abstract

The different communities and ethnic groups in Nigeria require careful consideration especially when it
comes to disputes over family land which demands legal expertise and strong understanding of customary
law. Using doctrinal research methodology, this paper examined the meaning, creation and guiding
principles of family land under customary law in Nigeria. In addition, usufructuary rights associated with
family land were also discussed. The findings of this paper revealed that under customary law, family land
can be created by inheritance, communal allocation and purchase among several other means. The paper
noted that family land cannot be divided or alienated without the consent of all family members.

Author Biographies

Ajibolu Afolabi, National Judicial Institute, Mohammed Bello Center, Jabi- Airport Road, Abuja.

Ajibolu Afolabi, LL.B, B.L , Chief Studies Fellow, National Judicial Institute, Mohammed Bello Center, Jabi-
Airport Road, Abuja.

Stephen Chikere Nzenwa, National Judicial Institute, Mohammed Bello Centre, Jabi- Abuja

Stephen Chikere Nzenwa, LL.B, B.L, Senior Studies Fellow, National Judicial Institute, Mohammed Bello Centre, Jabi- Abuja.

Simon Ugo Nwankwo

Simon Ugo Nwankwo, LL.B, B.L, Research Fellow, National Judicial Institute, Mohammed Bello Centre, Jabi-
Abuja.

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Published

2024-06-16