MODES OF INTESTATE SUCCESSION AMONG THE IKWERRE NATIONALITY; A COMMENTARY, A CRITIC AND AN EVALUATION

Abstract

The concept of customary rules of intestate succession is one very much known and litigated aspect of
our laws. This scholarly examination undertakes a comprehensive analysis of the customary law
governing succession to intestate estates within the Ikwerre nationality, with particular emphasis on the
intricacies surrounding the demise of a father, a woman, and a polygamist. Situated within the context
of Ikwerre cultural and traditional norms. I had observed in this work the history of the ikwerre ethnicity
which contrary to modern suggestions that it has an Igbo origin, actually proceeded from the historical
city of Benin and shares historical ties with the Ekpeye and Orashi people. This research elucidates the
complexities and nuances inherent in the customary law of succession, highlighting the variegated
modes of succession and the attendant implications for the distribution of intestate estates. Through a
critical evaluation of existing literature, statutes, and judicial precedents, this study aims to contribute
meaningfully to the burgeoning discourse on customary law and succession within the Ikwerre
nationality. The findings of this research endeavour to provide actionable recommendations for legal
practitioners, judges, and policymakers seeking to navigate the labyrinthine complexities of customary
law in the Ikwerre nationality, thereby ensuring that the proprietary rights of beneficiaries are
safeguarded and that the cultural integrity of the Ikwerre people is upheld. One of such
recommendations of which is the fusion of the Egbema, Ekpeye and ikwerre climes into one unity
forum to be termed the Alalaka’s to serve as an umbrella of unity, the need for modification of those
customary rules to adopt to modern complexities and the need for recognition of this customary
practices in Our judicial system. Ultimately, this research seeks to illuminate the intersections between
customary law, cultural heritage, and the administration of justice within the Ikwerre nationality,
thereby advancing a nuanced understanding of the intricate dynamics governing succession to intestate
estates in this context.