Rethinking Primogeniture Inheritance: Equity vs. Tradition in Nigeria
Abstract
The practice of primogeniture inheritance, a traditional system that favors the firstborn male child in the distribution of family wealth and property, remains deeply entrenched in many Nigerian communities despite evolving social dynamics and legal reforms. This paper examines the practice of primogeniture inheritance in Nigeria and its implications for social equity and justice in contemporary society. Through a critical analysis of legal frameworks, cultural traditions, and comparative global perspectives, the study demonstrates how primogeniture prioritizes tradition over equity, perpetuating gender discrimination and economic inequalities. The paper highlights the complex interplay between statutory law, customary law, and Islamic law in Nigeria's inheritance systems, particularly focusing on how these intersecting legal frameworks affect women's inheritance rights and family dynamics. Drawing on international examples and reform initiatives from countries like Ghana, Kenya, and South Africa, the paper proposes comprehensive recommendations for reforming inheritance practices while respecting cultural heritage in Nigeria. The study argues that while tradition and cultural preservation are important, they should not ,compromise fundamental human rights and social progress. The paper concludes by advocating for a balanced approach to inheritance reform that combines legal amendments, public awareness campaigns, and community-based initiatives to create more inclusive and equitable inheritance systems that recognize the rights and contributions of all family members, regardless of gender or birth order.
Keywords
Primogeniture inheritance
Gender equality
Nigerian customary law
Legal pluralism
How to Cite
IMIEFOH, A. I. (2025). Rethinking Primogeniture Inheritance: Equity vs. Tradition in Nigeria. ABU Law Journal, 43(1), 345-363.
A. I. IMIEFOH, "Rethinking Primogeniture Inheritance: Equity vs. Tradition in Nigeria," ABU Law Journal, vol. 43, no. 1, pp. 345-363, March 2025.