RESTATING THE RELEVANCE OF CUSTOMARY COURTS IN INTESTACY: FINDING THE NEXUS OF PLURAL LEGAL ORDERS

Abstract

Nigeria operates a legal plural system where English law, statutory law, Sharia law, and customary law coexist. This plurality is most evident in matters of intestate succession, where the rules for distributing the estate of a deceased person who dies without a will are often contested. The existence of plural legal systems raises conflict especially in intestate situations because all three legal systems can adjudicate succession matters. Thus, even though customary courts have original jurisdiction over intestate succession, their jurisdiction is limited, and as such, lawyers prefer to file intestate matters in the high courts with higher jurisdiction. This paper therefore seeks to solve the complications around intestate succession by restating the relevance of customary courts, first as the primary custodians of indigenous law, and second, as central role players in adjudicating succession disputes. The paper appraises the origin of customary courts in Nigeria, tracing their evolution from pre-colonial times. Adopting doctrinal analysis and limiting the scope to the South-East Nigeria because customary courts only exist in those locations, the paper finds that while customary courts remain culturally relevant and accessible, their effectiveness is hampered by limited jurisdiction, conflict of laws, and limited resources. The paper concludes by recommending harmonization reforms, improved training of customary court personnel, and clearer statutory guidelines to enhance the role of customary courts in ensuring just and culturally sensitive succession outcomes in a legal plural South-Eastern Nigeria.