The custom that all land in Bini is vested in and held in trust by the Oba of Benin for the people of his Kingdom has gained such notoriety and become so judicially noticed that inquiry I to that is now of no moment. See Finnih V. Imade (1992) 1 SCNJ 87; Ojo V. Azuma (2001) FWLR (Pt. 38) 1329 @ 1339.
It is not exactly so. The authority of the Oba over land in Bini kingdom is rooted in communal ownership of the land by the entire people. See Sanni V. Ademiluyi (2003) 1 S.C. (Pt.1) 77 @ 83 – 4. Eguavoen V. Obanor (1986) 5 C.A. Once any individual can show that the land is his personal or particular family land, either by partition and allocation that confers individual ownership or by purchase from a private land owner, there would be no need for recourse to the Oba. The burden is on that individual to establish that the land is his individual property. Lebile V. Registered Trustees, Cherubim & Seraphim Z.N. (2003) FWLR (Pt. 142) 89 @ 102-3. Such incidences now abound.
One way in which the Oba’s consent is legally relevant is in the area of priority of interest or right is that where two persons claim to buy the piece or parcel of land from same vendor, in a situation where the equities are equal, priority will be accorded the one that first got the Oba’s approval (much like land instrument registration, isn’t?). See the Supreme Court case of Ojo V. Azuma (2001) FWLR (Pt. 38) 1329 @ 341, 1343 -4
The concept of Igiogbe is one that is very central and critical matter under Bini native land law and custom. The Igiogbe is the house or place the father of the children lived and died in and it belongs to the eldest son of the family. It is his inheritance without any contention or challenge under any other law. This custom is judicially noticed and it has a wide What is the effect of a statute of limitation?range of applicability amongst Benin/Bini people. Lawal-Osula V. Lawal-Osula (1995) 9 NWLR (Pt. 544) 20. Uwaifo V. Uwaifo & Ors. (2013) All FWLR (Pt. 689) 1116 SC.
Under the Benin native law and custom, a testator is not seized of the power to depose of his “Igiogbe” to any other person other than his first son. Idehen V. Idehen (1991) 6 NWLR (Pt. 198) 382; Uwaifo V. Uwaifo & Ors. (2013) All FWLR (Pt. 689) 1116 SC; Ezekiel V. Ezekiel (2019) HELAR ratio 1
There is nothing under the Benin native law and custom that can deprive the eldest son of a deceased man from inheriting the father’s Igiogbe. Neither the deceased, nor his family, by any arrangement deprive the eldest surviving son of a deceased man from inheriting the father’s Igiogbe (the house where the deceased lived and died). Idehen V. Idehen (1991) 6 NWLR (Pt. 198) 382; Olowu V. Olowu (1985) 3 NWLR (Pt. 13) 372; Arase V. Arase (1981) 5 SC 33; Oke V. Oke (1974) 3 SC 1; Uwaifo V. Uwaifo & Ors. (2013) All FWLR (Pt. 689) 1116 SC; Ezekiel V. Ezekiel (2019) HELAR ratio 1
The position truly is that there has rarely been a any notable case where the Bini customary land law has been upturned for being repugnant to equity and good conscience. However, there is an instance where the Court of Appeal accepted that a man has a right to disown and disinherit his first son publicly and openly while alive, and thereby denied him the right to inherit the Igiogbe – Ogbahon V. Registered Trustees, Christ Chosen Church of God (2001) FWLR (Pt. 80) 1496 @ 1515.
Yes. It is an essential requirement of Benin/Bini customary law that for a person to acquire a valid legal estate in any given Benin/Bini communal land, he must show that his application was recommended by the Oba for approval by the appropriate Ward Plot Allotment Committee having jurisdiction over the area in which the land is situated. The rationale for doing so rests on the fact that prior to the coming into effect of the Land Use Act, 1978, land in Benin was vested in the Oba who holds the land in trust on behalf of his people, being the beneficial owners. Ogbeide V. Amadasun (2017) All FWLR (Pt. 904) 1139; Isaac V.Omasuen (2007) All FWLR (Pt. 379) 689 pp. 1163-1164, paras. G-B; Enabulele V. Agbonlahor (1999) 67 LRCN 571; Edosomwan V. Ogbeyfun (1996) 4 NWLR (Pt. 4425) 266; Edih V. Idemudia (1998) 4 NWLR (Pt. 545) 231.