First Son Primacy and Family Dependent Rights in Nigerian Estate Laws

Abstract

This paper examines the tension between first son primacy and the rights of family dependents in Nigerian estate laws. Nigeria's inheritance framework operates within a complex system of legal pluralism encompassing statutory, customary, and Islamic laws, with approximately 60% of inheritance disputes occurring at the intersection of these systems. The primogeniture tradition, deeply embedded across Nigeria's major ethnic groups, grants significant inheritance privileges to the eldest male child, often at the expense of other family dependents including widows, daughters, younger sons, and children born outside marriage or through adoption. Constitutional challenges to discriminatory practices have increased through landmark judicial decisions such as Mojekwu v. Mojekwu and Ukeje v. Ukeje, yet implementation remains problematic, particularly in rural areas where traditional authorities maintain significant influence. Drawing from comparative perspectives in the United Kingdom, South Africa, and Ghana, the paper proposes a framework for reform that acknowledges the cultural significance of first son traditions while establishing minimum protections for vulnerable dependents. Recommended reforms include a comprehensive succession code harmonizing diverse legal systems, specialized family courts, a central registry for wills and estates, and educational initiatives to foster cultural change. Implementation strategies balance immediate protections with longer-term cultural shifts through thoughtful engagement with traditional authorities, religious leaders, and civil society organizations. The paper provides an implementation roadmap with short-term and long-term objectives to develop an inheritance system that honors Nigeria's cultural heritage while ensuring justice and equity for all family members.

Keywords: First son primacy, Family dependents, Legal pluralism, Inheritance reform, Primogeniture, Nigerian estate law