S. AKINYELU

Nigeria operates a plural legal system where statutory, customary, and Islamic laws coexist. Among these, the Igiogbe principle an inheritance rule under Benin customary law—stands out for its deeply rooted tradition that allows only the first male child to inherit the principal residence (the Igiogbe) of a deceased father. This practice, while long accepted within the Benin culture, raises serious legal and human rights concerns, particularly regarding its discriminatory impact on women. Female children and widows are excluded from inheriting the Igiogbe simply because of their gender, despite constitutional guarantees of equality under Section 42 of the 1999 Constitution, and international conventions such as CEDAW and the African Charter on Human and Peoples’ Rights, which Nigeria has ratified. This study examines the Igiogbe system, its legal basis, and how it clashes with statutory provisions and modern human rights standards. Using doctrinal research methods, it reviews case law, scholarly writings, and legal instruments to analyze how this customary rule undermines women’s rights to property and economic empowerment. The research finds that, although courts have begun to address some of these issues, enforcement is still weak, and customary norms remain strongly upheld in many communities. The study concludes that genuine reform must include stronger judicial interpretation, legislative change, and public awareness campaigns. More importantly, traditional institutions must be engaged to evolve the practice in a way that respects culture without violating the rights of women. This work contributes to the call for a more inclusive and just inheritance system that aligns with constitutional values and contemporary realities.