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ABSTRACT
This research examines succession under Benin customary law in Nigeria. Under Benin customary law of succession, its mode of distribution which is primogeniture enables the eldest surviving son take charge of the deceased father’s estate for the benefit of himself and his younger brothers and to inherit the Igiogbe absolutely. This research examines the customary inheritance law and practice of the Binis and identifies the exclusive right of the eldest surviving son to manage the deceased father’s estate, and his exclusive right to the “Igiogbe” as a major deficiency of the systems. The research argues that the contentious and litigious disposition of the Binis to estate distribution under the Bini customary inheritance law is an affirmation of the unjust customary law of inheritance of the eldest son to the Igiogbe does not comply with the principle of natural justice. Thus, a reform of the Edo state succession laws is recommended to address the weakness of the Benin customary law of Inheritance.
