Customary Succession Declaration (Nigeria)

A Customary Succession Declaration in Nigeria records a formal statement of the particulars it certifies.

Succession law in Nigeria operates as a dual system: statutory succession governed by the Administration of Estates Laws enacted by each state (such as the Administration of Estates Law of Lagos State 2015 and the Administration of Estates Law of Rivers State), and customary succession governed by the personal customary law of the deceased. The applicable system depends on the ethnicity and personal law of the deceased and, in some states, the nature of the property.

Customary succession rules in Nigeria vary significantly by ethnic group. Under Yoruba customary law, the Idi-igi system allocates the deceased's property equally among family branches (idi-igi), while the Ori-ojori system allocates proportionally among individual children. Under Igbo customary law, the Nrichi system applies male-preference primogeniture — the eldest male child takes priority — though Nigerian courts have increasingly scrutinised male-preference rules under the repugnancy test applied in Mojekwu v Ejikeme [2000] 5 NWLR (Pt. 657) 402. Northern Nigerian succession may be governed by Islamic succession principles (faraid) in states applying Sharia law under the Sharia Courts (Administration of Justice and Certain Consequential Changes) Law of the relevant state.

The Supreme Court of Nigeria in Omosake v Oke [1980] 1 NCLR 367 confirmed that customary succession applies to the personal estate of a person who dies intestate and whose property is governed by customary law. For real property, the Land Use Act 1978 vests land in the governor of each state, and a Right of Occupancy (Certificate of Occupancy) may need to be re-issued to the successor through the relevant state Ministry of Lands.

A Customary Succession Declaration establishes the basis for obtaining Letters of Administration from the Probate Registry of the relevant State High Court, where required, and for presenting the succession claim to the family council, Customary Court, or administrative bodies holding or registering assets of the deceased. The legal framework governing the Customary Succession Declaration (Nigeria) rests on the relevant system of Nigerian customary law, proved as a matter of fact under section 16 of the Evidence Act 2011, and on the Customary Courts and Customary Court of Appeal of the relevant state, subject to the repugnancy test that customary rules must not be contrary to natural justice, equity, and good conscience. The Nigeria Data Protection Act 2023, supervised by the Nigeria Data Protection Commission (NDPC), governs personal data recorded in the document.

A Nigeria Customary Succession Declaration is needed when a person wishes to formally assert their entitlement to inherit property from a deceased relative who died without a will and whose estate is governed by customary law.

Bank account and financial asset claims: when a deceased person held bank accounts, investments, or financial assets without a named beneficiary or without a will, the successor must prove their entitlement to the bank or financial institution. A Customary Succession Declaration, supported by an affidavit sworn before a commissioner for oaths or Notary Public, is typically required by Nigerian commercial banks alongside a letter from the family council.

Real property transfer: where a deceased person held a Certificate of Occupancy or Deed of Assignment for land or property under the Land Use Act 1978, the successor must present evidence of their succession entitlement to the relevant State Land Registry to effect a transfer of the right of occupancy into their name. The Land Registry requires evidence of the succession, which may include a Customary Succession Declaration and a Grant of Letters of Administration from the Probate Registry.

Family property and business succession: in disputes within a family over who is entitled to succeed to a family business, farm, or family compound under customary law, a formal declaration sets out the claimant's position and provides a basis for a Customary Court determination if the claim is contested.

Pension and death benefit claims: the Pension Reform Act 2014 and PenCom Regulations require that death benefits be paid to the deceased's named beneficiaries or, where no beneficiary is named, to the legal successors. Proof of succession entitlement through a declaration is accepted by most Pension Fund Administrators (PFAs). Parties in Nigeria should prepare a Customary Succession Declaration (Nigeria) before a dispute arises, since the Customary Court interprets the document by its written terms rather than oral recollection. Customary law applied to the document must satisfy the repugnancy test and may be proved by evidence under section 16 of the Evidence Act 2011.

A Nigeria Customary Succession Declaration must contain the following elements to be effective and to support administrative and legal proceedings.

Identification of the declarant: full legal name, age, address, occupation, and ethnic or community identity of the person making the declaration, establishing their personal law and the applicable customary system.

Identification of the deceased: full name, last known address, date and place of death, occupation, and ethnic identity of the deceased. The relationship between the declarant and the deceased must be clearly stated (e.g., first son, surviving spouse, eldest daughter).

Statement of intestacy: a clear statement that the deceased died without a valid will under Nigerian law, or without a will disposing of the specific property in issue, triggering customary intestacy succession.

Applicable customary law: identification of the customary law system governing the succession (e.g., Yoruba customary law, Igbo customary law of [specific state]), with a brief description of the relevant succession rules under that system.

Basis of the succession claim: the specific basis on which the declarant claims succession entitlement — relationship to the deceased, order of priority under the applicable customary law, and confirmation that other potential successors with higher priority have either predeceased the deceased, renounced their claim, or are unknown.

Description of estate assets: identification of the property or assets to which the succession claim relates — real property (with plot numbers and certificate of occupancy numbers), bank accounts (with bank names and account numbers), businesses (with RC numbers from the Corporate Affairs Commission (CAC)), or personal property.

Family council resolution: a record of any family meeting or family council resolution confirming the declarant's succession entitlement, signed by senior family members.

Declaration statement and oath: the formal declaration by the declarant that the contents are true, typically sworn before a commissioner for oaths, Magistrate, or Notary Public in Nigeria.

Signatures of witnesses, family representatives, and the declarant, with dates. Parties should confirm that the Customary Succession Declaration (Nigeria) reflects the applicable customary law of the relevant community and the Customary Court (Civil Procedure) Rules of the state before execution. Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.