Succession amongst the Efik and Qua Communities in Cross River State, Nigeria

Abstract

Customary Law embodies customs as practiced by the people which they regard as binding on them.¹ It 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.¹This article reviews the Customary Law theories of inheritance and succession among the Efik and Qua communities in Cross River State. To this end, it examines the various classifications of the Customary Law of Inheritance and Succession as applicable to both communities. Discussions on the rules of the method of distribution of property in cases of intestate succession in the patrilineal and matrilineal societies of Efik and Qua is analysed. A brief is made of the choice of applicable Customary Law and the position of the eldest child. In conclusion, the work points out the shortcoming of the Customary law practices in both communities and also makes suggestions for reform.