Must the Custom Have a Final Say: “Igiogbe”

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October 8, 2024

An embrace of cultural reality in the Benin Kingdom, Nigeria

A Living Tradition

The Benin Kingdom is known for its rich history and cultural heritage. It is a kingdom that eventually embraced the importance of westernization. However, prior to that, the right of succession was dictated by patriarchal beliefs, where only the first male child could inherit his deceased father's property. If a female child was born first, she would be denied her father's inheritance. In practice, this meant that the property would pass to the eldest or youngest male relative of the deceased. In certain tribes, such as the Igbo, this practice is referred to as "Okpara" or "Diokpa," while in Benin, it is known as "Igiogbe" — the title of inheritance granted to the male descendant of the deceased.

Burial rites and ceremonies were performed to honor the dead, and the title of “Igiogbe” is only granted once the burial rites have been fully carried out without dispute. The first male child holds the right to decide where and how his father will be buried. But the question arises: what is the purpose of establishing a legacy that cannot continue without a male heir? According to Osunde (2020), the eldest surviving son, alongside his brothers and sisters, performs the funeral rites for the deceased parent. Without the presence of the first male child, the dead parent may not receive a proper final burial. The first-born son also answers key questions about his parent’s demise, while the Okaegbe (the oldest man in the family) ensures the burial proceeds peacefully.

Although these customs are prevalent in various societies and religious beliefs, reality has opened our eyes to a deeper understanding beyond cultural traditions, bringing awareness of gender equality. To preserve family legacies, it is important to silence the disparity between genders in succession. Recently, Bianca Ojukwu, the wife of the late Chukwuemeka Odumegwu Ojukwu, inherited her deceased husband's estate, opening the door for a more equitable path in determining who is worthy of succession and legacy. Nigerian courts have established cases and precedents that, in instances where the deceased dies intestate (without a will), families can apply for a letter of administration.

In exploring the issue of succession in the Benin Kingdom, this article acknowledges the beauty of the title of Igiogbe while also questioning the practice of succession being determined by gender disparity. So, what truly defines an Igiogbe, and who is considered one?

Succeeding the Igiogbe

The title of Igiogbe is rooted in the customs and traditions of the ancient Benin Kingdom and continues to operate in the modern-day Benin Kingdom. It reflects the deep-seated concept of patriarchy in Nigerian society, particularly concerning succession and cultural heritage. The Igiogbe title serves as a symbol of the family’s legacy. It is traditionally defined as the sacred principal house in which the deceased lived before passing into the afterlife. Upon the death of the current holder, the title and estate pass to the eldest surviving son, who is responsible for performing the second burial rites. In other words, a testator cannot disinherit his eldest son from this inheritance.

According to traditional Benin law, the eldest surviving son inherits the Igiogbe, which represents more than just property — it embodies the spiritual heritage of the family. Succession in the kingdom is not merely a matter of formal paperwork; it is deeply intertwined with the lineage and spiritual responsibilities of the family. The eldest son is expected to maintain the family shrine, uphold the legacy, and preserve its sanctity.

Although the belief in the Igiogbe is strictly rooted in the native laws and customs of the Benin people, it is worth noting that modern law also recognizes its significance. The courts have established the principles governing Igiogbe inheritance, most notably in the celebrated cases of Arase v. Arase and Idehen v. Idehen. In Arase v. Arase, the court clarified the principles of inheritance under Benin native law and customs, particularly regarding the Igiogbe. The court emphasized that "the eldest son of a deceased person does not inherit the deceased’s property until after the completion of the 'second' or secondary burial ceremonies," also known as funeral obsequies. This completion is marked by a ceremony performed by the family members, called "Ukpomwan," which takes place at the eldest son’s request. Only after this ceremony can the family distribute the deceased's property.

However, while these principles were clearly established, the case of Idehen v. Idehen challenged the belief that excessive titles must always go to the eldest son. In this case, the court ruled that an individual cannot be compelled to inherit an ancestral home and that such a person is entitled to renounce the title of Igiogbe by passing it on to a close relative. Furthermore, in situations where the deceased has no sons, the court emphasized that the ordinary property of the deceased can be inherited by the surviving female heirs, rather than automatically transferring it to the deceased’s brothers. In these cases, the spiritual rites associated with the property are stripped away, allowing a female heir to inherit without the traditional spiritual obligations.

It is important to note that the belief in the title of Igiogbe has evolved with the advent of westernization, creating opportunities for both genders, not just the first-born son, to inherit. This leads us to reflect on the historical conception of the "first-born son."

The First Born Son

According to Egharevba (2005), the Bini people migrated from Egypt, briefly resided in Sudan and Ile-Ife, before finally settling in what is now the Benin Kingdom. Upon their arrival and eventual settlement, the governance of the Benin Kingdom was overseen by various leaders. Egharevba further explains that rulers or kings were commonly referred to as "Ogiso." One prominent leader, Ogiso Igodo, ruled for 12 centuries, wielding great influence and power until his death, after which his surviving son, Ere, succeeded him. This marked the beginning of the hereditary institution in the Benin Kingdom. However, after this transformation, controversies over the succession of hereditary titles, particularly regarding the throne of the Oba of Benin upon his death, arose and caused significant unrest in the kingdom.

The controversy was ultimately resolved with the creation of the title Edaiken N’Uselu, a title held by the Crown Prince, known as the Prince of Uselu, who would then succeed to the throne of Benin after the demise of the Oba. This title was created by Oba Ewuare to preserve the sanctity of succession in the Benin Kingdom.

In the Benin Kingdom, a male child is considered of greater importance than a female child, leading to significant gender disparity. Special attention is often given to the male child. The eldest male child is introduced to the lineage of his ancestors and taught the importance of leading the family. He is encouraged to marry, as it is believed that marriage is a proof of his maturity and readiness to assume responsibility. In contrast, the upbringing of female children is centered around the belief that they will eventually be given away in marriage.

The eldest surviving male child is viewed as a trustee of his deceased father's property and is responsible for managing the family estate, including the Igiogbe. This title is inherited by the first male child because custom dictates that ancestors are worshipped in the Igiogbe, making it a spiritual inheritance that the male heir must carry on. While culture and customs have traditionally defined these roles, it is essential to recognize that maturity is no longer solely a matter of gender; it is fundamentally about responsibility.

The Procession for the Title of an Igiogbe

Isoton

According to Prince Eweka, the Igiogbe ceremony is performed on the fifth day after the burial of the deceased, featuring a procession led by the deceased's sons and daughters along with their relatives. The leader of the procession carries the Okun, a box adorned with multi-colored cloths and brass ornaments, symbolizing the deceased’s property. The eldest son is not permitted to carry the Okun around; instead, he dances a short distance through the streets of the community where the deceased lived. After the ceremony, he presents the Okun to the elders in front of the deceased’s residence, where the ceremony takes place.

Once the family accepts the Okun along with all its accompanying items, the eldest surviving son takes his seat among the elders. In Edo parlance, this signifies that the son has assumed his father’s position among the family elders.

Ukomwen

This is regarded as the final stage of attaining the title of Igiogbe. According to Prince Eweka (1992:147), the final ceremony is crucial for the eldest son, excluding the other children. This ceremony is performed by the eldest son or the individual designated to inherit the title and properties. During this ceremony, the successor places the UKhurhe (a carved staff representing the spirit of the deceased) in the family Edion shrine (Elders Shrine), among the ukhurhe of the deceased’s ancestors. It is at this point that succession to the title officially passes to the eldest son of the deceased, after he has been presented to the oldest man in the family.

Although traditions must be upheld, there is a growing recognition that the rigid adherence to these customs can create long-term enmity among family members, ultimately undermining the purpose of maintaining the family legacy. We live in an era where maturity is defined by responsibility rather than gender.

In conclusion, the inheritance of the Igiogbe title should not be limited to just the eldest son but should encompass all the children of the deceased. Furthermore, the process should be managed in a manner that avoids conflict and preserves the family legacy, respecting the last wishes of the deceased. Succession is an issue in Nigeria that is as old as tradition itself. While the belief in the Igiogbe will remain a constant practice, we can only make it more inclusive and conducive if it is not restricted to one sibling or gender, but instead based on capability and acceptance. Succession or inheritance should not be exercised out of compulsion.