The principle regarding succession under Yoruba native law and custom has long been settled in a plethora of authorities. In LEWIS VS. BANKOLE (supra), most especially, the findings of the privy council are to the effect that- (i) when the founder of a family dies, the eldest son called the “Dawodu” succeeds to the headship of the family with all that that implies, including residence and the given of orders in his father’s house or compound; (ii) on the death of the eldest surviving son, the next Eldest surviving child of the founder, whether male or female, is the proper person to succeed as head of the family; (iii) if there is going to be any important dealing with family property all branches of the family must be consulted, and representation on the family council is also per strip according as there are wives with children. (iv) the division is into equal shares between the respective branches; regard being had to any property already received by any of the founder’s children during his lifetime; (v) the founder’s grandchildren only succeed to such Rights as their immediate parents had in the family property; s (vi) the founder’s compound or house is usually regarded as the “family house’ which must be preserved for posterity.
– I.M.M. Saulawa JCA. Agara v. Agunbiade (2012) – CA/L/304/2009