LEGAL PRINCIPLE: SUCCESSION LAW — Bini Customary Law — Igiogbe — Inheritance by Eldest Son
PRINCIPLE STATEMENT
Under Bini customary law, the principal house where the deceased lived and died is called the 'Igiogbe', which passes by inheritance to the eldest son. The eldest son does not inherit until after the second or secondary burial ceremonies. Until distribution under customary law is performed, the eldest son retains all property in trust for himself and the children.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Idehen & Ors v. Idehenn & Ors (1991) NLC-2711989(SC) at pp. 52–53; Paras D–A.
"Under Bini customary law, the principal house in which the deceased lived in his lifetime and died is called the 'Igiogbe'. That always passes by way of inheritance on distribution to the eldest son. The eldest son of a deceased person does not inherit the deceased's property until after the completion of the second or secondary burial ceremonies. However, until the exercise of distribution under customary law has been performed, the eldest son retains all the property of the deceased in trust for himself and the children of the deceased."
EXPLANATION / SCOPE
Igiogbe (principal family house) passes exclusively to the eldest son under Bini customary law. Inheritance only vests after completion of second burial ceremonies. The principle applies to succession law and Bini custom. The eldest son holds property in trust before distribution. He is a trustee, not absolute owner, until distribution. The rule protects family interests during the interregnum between death and distribution.
