24/05/2026
CAN A FATHER BYPASS HIS ELDEST SON IN INHERITANCE (CASE STUDY OF BINI & IGBO CUSTOMS)
A father cannot ordinarily bypass the eldest son and give the Igiogbe (Under Benin Custom) or Obi (Igbo Custom) to another son simply because he is angry with the eldest son or considers him stubborn.
Only very serious circumstances recognized under Benin or Igbo customary law may justify depriving the eldest son of the Igiogbe/Obi, and such a decision can still be challenged in court.
Under the Bini customary law in Edo State, the Igiogbe is the house where the father lived and died, and it traditionally devolves on the eldest surviving son.
Under some Igbo customs, the Obi is the ancestral home or symbolic family seat which is traditionally inherited by the first son and that right is usually tied to custom.
In many traditions, the Igiogbe/Obi is not treated like ordinary property; it carries spiritual and ancestral significance. That is why disputes over it are often intense.
The position is however not always absolute because if the first son is considered to have seriously misbehaved, abandoned the family, disrespected the father, committed grave misconduct, or failed in his traditional responsibilities, some customs may allow the father or family to transfer the Obi to another son.
But this depends heavily on:
* The particular customary law of the community
* Whether the custom permits disinheritance
* The seriousness of the misconduct
* Whether the father acted during his lifetime
* Whether the decision was accepted by the wider family or kindred.
If the matter goes to court, the court may ask these questions:
* Is there a valid custom allowing the father to bypass the first son?
* Was the first son truly disqualified under that custom?
* Was the decision made properly and openly?
* Was the Obi family property or the father’s personal property?
A Benin man generally cannot freely will the Igiogbe away to another person in a manner contrary to Benin customary law.
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