Lets now look at the adoption of the principle of PRIMOGENITURE in the South-West ( the yoruba’s). The native law and customs among the Yoruba, especially in respect to inheritance and Succession, have grown out of age-long practices and dealings of the people. In the Yoruba tradition and culture, when an individual dies intestate the eldest male child (Known as the Dawodu) take charge of the estate of the deceased (as trustees) on behalf of the other children or siblings. . However, if the eldest son is mis-managing the estate, the customary law require the estate to be distributed among the number of children ( if one wife) known as ORI OJU ORI – means equal shares (sometimes the male child have more) but if the deceased has more than one wife, the estate is divided among the number of wives known as IDI-IGI – meaning number of wives.
Children from the various woman from the deceased will share from the portion given to their mother. In the ORI OJU ORI arrangement, a minor child is at disadvantage as he/she require a guardian to help manage their portion. What happens if the prospective guardian deplete the share of the estate of the minor. Putting in place proper estate planning arrangements help to ensure that the children and family members are properly taken care of without any issue or conflict. It also ensure the children of the deceased are guaranteed education as this would have been incorporated into the arrangement. Also in some Yoruba culture the wife is not expected to inherit from the deceased husband property. She is forced to Mary other male siblings of the deceased to be able to benefits from the late husbands estate ( as they are regarded as part of the estate) BOLAJI V AKAPO (1968)………..follow us on the Journey as we examine the PRIMOGENITURE principle as it affect the Benin people (South-South) and the Muslim in Part 6.