A potential liberation of widows right of Inheritance in Nigeria

ABSTRACT The creator did not leave human beings with the choice of determining their gender. Yet, women have sufered immensely in various aspects of life just because they are born females. This practice which has existed from time immemorial has been stemmed in the western World. However, most African Countries, which includes Nigeria, still engage in discriminatory cultural practices against women. One of the ways this manifest is the practice which precludes a woman from inheriting as a daughter, her father’s property or as a wife, her husband’s property. Widows or daughters whose deceased husbands or fathers are subject to customary law are commonly disinherited. Although, various laws, municipal and international, have been enacted to liberate women and entitle them to partake in inheritance, these discriminatory cultural practices continue to persist. The intervention of the courts as regards customary inheritance rights of female children is commendable. Thus, a female child is entitled to partake in the sharing of her deceased father’s estate. In the landmark case of Anekwe v Nweke, the supreme court of Nigeria condemned the outrageous custom of the Awka community that disinherits a widow. Indubitably, the hopes of widows are not dashed. Rather, there is a glimmer of hope. However, there are likely hindrances on the full application of this decision in subsequent cases on widows’ inheritance rights that could be brought before the courts to determine. AIMS AND OBJECTIVES OF RESEARCH This study seeks to examine the status of widows under customary rules of inheritance in Nigeria. Also, the purpose of this study is to sensitize its readers about the laudable progress of the judiciary in the elimination of discriminatory customary inheritance practices in Nigeria. Furthermore, this study will expose to its readers the possible limitations of the subsequent application of the Supreme Court’s decision in Anekwe v Nweke. 1  Lastly, the aim of this study is to sensitize its readers on the need for the collective efort of stakeholders in Nigeria to reform or abolish discriminatory customary law inheritance practices. METHODOLOGY This study will adopt an analytical and historical approach by stating the various customary inheritance practices in Nigeria before judicial intervention and will give recommendations for better implementation of the court’s decision that accords inheritance rights to widows. To achieve this, intensive research will be conducted and statutes, cases, various textbooks of renowned authors and any such other materials that would be relevant to this study would be referred to. CHAPTERISATION CHAPTER ONE: HISTORY AND DEVELOPMENT OF CUSTOMARY LAW OF INHERITANCE IN NIGERIA 1.0 Introduction 1.1 Definition of terms 1.2 Meaning of Customary Law 1.3 Attributes of Customary Law 1.4 Validity test for customary law 1.5 The interface between customary law and the constitution CHAPTER TWO: LAW OF SUCCESSION AND INHERITANCE IN NIGERIA 2.1Testate Succession 2.2Intestate Succession CHAPTER THREE: THE HISTORY OF CUSTOMARY LAW OF INHERITANCE IN NIGERIA 3.1 Bini Customary Law of Inheritance 3.2 Yoruba Customary Law of Inheritance 3.3 Igbo Customary law of Inheritance CHAPTER FOUR: REVIEW OF ANEKWE V NWEKE 4.1 A Review of Case Laws on Women’s Inheritance Rights prior to 2014. 4.2 Anekwe v Nweke 2 4.3 The future of widow’s inheritance rights in Nigeria CHAPTER FIVE: RECOMMENDATIONS AND CONCLUSION 5.1 Recommendations 5.2 Conclusion C