The Influence of Land Tenure Systems on Inheritance Rights in Nigeria

Abstract

This paper examined the influence of land tenure systems on inheritance rights in Nigeria. The research explored how statutory, customary and religious land tenure frameworks interact to shape inheritance patterns and property rights across Nigeria's diverse communities. Through critical analysis of judicial decisions, statutory provisions and customary practices, this study revealed how land tenure systems create unique challenges for inheritance rights, particularly affecting women, non-indigenous persons and vulnerable beneficiaries. The paper examined tensions between communal land ownership principles and individual inheritance rights, investigating how different tenure systems facilitate or obstruct property succession. Findings suggest that land tenure systems significantly influence inheritance outcomes, with customary tenure often limiting women's inheritance rights despite statutory and constitutional protections. The research demonstrates that tenure insecurity undermines inheritance rights, as uncertain ownership status prevents effective property transfer to heirs. This paper argued for harmonisation of land tenure frameworks with inheritance law principles to ensure equitable succession rights. The study contributes to debates on land reform, property rights and gender equity in African legal systems.