The Death of the Living Archive: Legal Pluralism, Oral Evidence, and the Ethnography of Yoruba Customary Inheritance in Southwest Nigeria
Year: 2026
Type: article
Abstract: As traditional techniques for establishing land ownership and succession continue to deteriorate, the evidentiary foundation of Yoruba customary inheritance in Southwest Nigeria is undergoing substantial change. In the past, oral evidence, boundary narratives, oriki (genealogical praise poetry), communal memory, and the testimony of revered elders were used to prove inheritance claims. However, the efficacy of these traditional forms of proof has been undermined by urbanization, shifting family patterns, the loss of older guardians of indigenous knowledge, and the increased court preference for recorded evidence. This study examines oral history interviews with thirty Akewi and community elders, eighteen customary inheritance cases that were rejected between 2018 and 2023 due to a lack of oral e vidence, and historical land records from the 1960s using an interdisciplinary socio-legal methodology. The results show a growing evidentiary gap between modern legal norms and customary inheritance patterns, leading to what the study refers to as evidentiary extinction—the progressive loss of legally significant customary information due to the deterioration of oral traditions. As a result, notwithstanding their customary legality, families are finding it more difficult to prove legitimate inheritance claims. In order to strengthen access to justice and protect Yoruba customary inheritance traditions, the study suggests creating a legally recognized national oral inheritance archive to preserve, certify, and facilitate the admissibility of indigenous oral evidence, drawing on reforms in Kenya and Ghana.
Author: ADEGBEMI ATANDA ADEWALE
Institution: Wesley University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7201879664