Challenges of Women Inheritance Rights Under the Act and the Various Customs in Nigeria (Published)
This paper examines the challenges of women’s inheritance rights under the laws in Nigeria. It states that in Nigeria, patriarchal customs and cultural norms have long made the issue of women’s inheritance rights contentious and that with enormous differences between men and women in terms of property ownership, financial security, and social standing, women have historically had a difficult time obtaining and protecting their due inheritance. It is the objective of this paper, to explain that, Nigeria is a country with a wide variety of cultural traditions, each with its unique inheritance laws. By limiting the capacity of women to inherit property from their fathers, husbands, or other family members, these customs have historically disadvantaged women. The researcher adopted the doctrinal research method. Prejudice and gender inequality are fueled by these customs, which usually place women in a subordinate role. To address these inequalities, Nigeria enacted laws to regulate inheritance rights, including the Wills Act and the Matrimonial Causes Act. While the Wills Act governs the division of property through wills, allowing people to distribute their assets as they see appropriate, the Matrimonial Causes Act addresses the rights of spouses in the case of a divorce. However, many cultural practices and laws still exist in spite of the legal safeguards offered by the Wills Act and the Matrimonial Causes Act. These traditions and practices, in addition to legal inconsistencies and gaps, provide barriers and discrimination against women, restricting their inheritance rights and sustaining inequality. The paper recommends that all hands must be on deck if any progress is to be achieved in freeing women from the constraints of our culture. The paper concludes that, government should educate citizens in an effort to alter harmful practices and societal norms.
Keywords: Challenges, Customs, Nigeria, women inheritance rights
The Right to Female Succession-Inheritance Under Native Laws and Customs in Nigeria: An Affront to Justice (Published)
The article highlights the right of women to inheritance and succession among the ethnic groups particularly the four sampled groups; Igbo, Yoruba, Benin and Hausa/ Fulani which is somewhat worrisome to any discerning mind. This is because of the inherent discrimination associated with the intestate succession/inheritance under the various native laws and customs practiced by our ethnic groups in Nigeria. However, what is most worrisome is that in spite of these concerns, the impact of advocacy and public engagements on this subject at different fora is yet to be felt and translated into gender equality in favour of the females who are the primary victims of gender violence and discrimination. The aim of this article is to examine female succession/ inheritance under the Native Laws and Customs of different ethnic groups in Nigeria. In order to achieve this aim, the researcher adopted doctrinal research method. The method makes use of both primary and secondary source materials dealing with the subject under review. In the course of the article, the researcher discovered that the said oppressive, and obnoxious customary law practices from most of the ethnic groups studied were contrary to the expressed constitutional provisions on fundamental rights as well as other international human rights instruments. Based on our findings, it is recommended that national legislations to deter or prohibit discriminatory inheritance/succession right under the native laws and customs against female inheritance rights be put in place with strong advocacy and enlightenment programme against the practice.
Keywords: Customs, Inheritance, Justice, Nigeria, Right, female succession, native laws