Title of Article: The Nerve Jangling Interaction between Customary Law Right to Succession and Constitutional Right to Freedom from Discrimination in Nigeria
Authors CAB Onaga, PA Obayi and RE Ogbodo
Abstract
The issue of inheritance under customary law is an intricate and excruciating issue under the various customs of the people. This is aggravated by the fact that there is no uniform customary law applicable in this circumstance from one community to the other. Strictly, this issue rears its head when a person dies intestate. In such cases, the rivalry among possible beneficiaries becomes a matter of life and death. It is also believed that the Constitutional right to freedom from discrimination is a clog on the wheel of succession rights under customary law. Most scholars are of the view that customary law is skewed heavily against women. The objective of this work is to juxtapose the succession right of inheritance under customary law and ascertain the friction between these customary law rights and the right to freedom from discrimination. The methodology adopted in this work is the doctrinal methodology and comparative methodology. It is deciphered that there is indeed a nerve jangling interaction between these rights.