AN ANALYSIS OF THE CONCEPT OF PROPERTY IN PERSON UNDER NATIVE LAW AND CUSTOM IN NIGERIA

When we talk about property what itnmediately comes to our minds, more Often than not, is the ownership of things by human beings. That is, things that have no will oftheir own, For example, animals, birds, trees, land, houses, tables, cars, radios, clothes, vlc Rarely, do we think that customary property law has recognized and provided fo, other forms of property. For example, Customary Law has provided for and recognizeq the right of a person to his own labour, skill, inventions, discoveries, ingenuity, reputation, and personality. Under the concept of property in person, customary property law has provided that a minor is entitled to the support of his father, and an aged parent oy parents have the right to the support of their child. A husband has property in his wife, for example, the right to consortium and spousal support. Conversely, a woman married under customary law, has the right to the support of her husband, and the right to consortium. Therefore, when we talk about property in person under customary law, we are not talking about the customary rights of a community, village, family and individual member to make use and enjoyment of communal property. Neither are we talking about the rights of an individual to use and enjoy family land. For example, the right to a portion of land, the right to be consulted in the management of family land and the right to the procecdsarising from management of family land. Nor, are we talking of the nature of the interest of individual’s right in the family or communal property. For example, whether his nght is occupationary, possessory, usfructuary, fee simple, life estate or estate of production.' Furthermore, when we talk about property in person under customary law, we are not limiting our discussions or concerns to the zoning system under customary law either. For example, the right of a community leader to zone his domain into different portions or parts for various use and enjoyment, such as lands purposely earmarked for a particular use, like grave-yards, market, fetish/juju land, farm and residential lands. In a wider dimension, customary property law, envisages the right of an individual to make use and enjoyment of other persons’ labour, such as the slave holders did in the past Nowadays, we talk about the right of the employer to the labour of his employee, the right of a master to the labour of his servant.