Resolving Dilemma of Legal Pluralism in Western States' Laws of Succession
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Date
2022
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Carnelian Journal of Law & Politics
Abstract
In recent time, researches have shown the need to have one single law in respect of succession matters in Western Nigeria. This is as a result of conflicts attributed to the existing succession laws in the region. Multiplicity of laws of succession have occasioned miscarriage of justice. Often time, lawyers, litigants, even courts do express their dissatisfaction about proliferation of laws in respect of succession matters. The paper has however, examined what can be done to eliminate the conflicts and the problems associated with these proliferations of laws. Findings revealed that Nigeria has not adopted appropriate approach to harmonize different intestate laws. Due to the proliferation of laws of succession in the region, conflicts has been occasioned and as such it has led to the miscarriage of justices and denial of inheritance rights to some set of the people. The paper concluded that lack of one single system of law of succession in the region and Nigeria at large has largely responsible for the conflict which litigants, counsels and even the courts are experiencing today. Unification of intestate succession laws in Nigeria is however, been suggested as the only solution to the problem of pluralism of laws in the area of succession in Nigeria, and it can be achieved by integrating all the existing laws of succession with the support of legislation. Doing these will give all parties in inheritance matters equal opportunity and thereby forbid rancor which this present sharing system has brought.