A Review of the Customary Law of Inheritance and Succession amongst the Efik and Qua Communities in Cross River State, Nigeria

12 PAGES (5458 WORDS) Law Article/Essay
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CustomaryLawembodiescustomsas
practiced by the people which they regard
as binding on them.1It is any system of
law different from Common Law and a
Law enacted by legislation, but which is
enforceable and binding within Nigeria as
between the parties subject to its way.1
This article reviews the Customary Law
theoriesofinheritanceandsuccession
among the Efik and Qua communities in
Cross River State. To this end, it examines
thevariousclassificationsofthe
CustomaryLawofInheritanceand
Successionasapplicabletoboth
communities. Discussions on the rules of
the method of distribution of property in
casesofintestatesuccessioninthe
patrilineal and matrilineal societies of Efik
and Qua is analysed. A brief is made of the
choice of applicable Customary Law and
thepositionoftheeldestchild.In
conclusion,theworkpointsoutthe
shortcomingoftheCustomarylaw
practices in both communities and also
makes suggestions for reform.

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