AN APPRAISAL OF INHERITANCE RIGHTS OF WOMEN IN NIGERIA UNDER YORUBA CUSTOMARY LAW
Abstract
The issue of inheritance rights for women under Yoruba customary law remained a significant legal and social concern in Nigeria. Traditionally, Yoruba customary law adopted a patrilineal system of inheritance, favoring male heirs while often excluding women, particularly widows and daughters, from inheriting property. This research critically examined the inheritance rights of women under Yoruba customary law, analyzing the legal, institutional, and societal dynamics that shaped these rights. The primary objective of the study was to assess the extent to which Yoruba customary law aligned with constitutional and international human rights standards on women's inheritance rights. It also aimed to identify the legal and socio-cultural challenges that hindered gender-equitable inheritance practices and to propose reforms.
Using a doctrinal research methodology, the study analyzed primary legal sources such as statutes, judicial precedents, and international treaties, alongside secondary sources including academic literature and reports. The study found that despite constitutional provisions guaranteeing equality, Yoruba customary law continued to uphold discriminatory inheritance practices due to entrenched patriarchal traditions. However, judicial decisions increasingly challenged these norms, reinforcing women's inheritance rights.
Key challenges identified included limited legal awareness, difficulties in enforcing court judgments, resistance from traditional institutions, and socio-economic constraints preventing women from asserting their rights. Nonetheless, emerging prospects for reform were observed, including increased judicial activism, advocacy by civil society organizations, and evolving customary practices recognizing gender equality. To address these challenges, the study recommended stronger enforcement of statutory laws protecting women's inheritance rights, systematic customary law reforms, and greater legal awareness through public education campaigns. Strengthening institutions such as the National Human Rights Commission and the judiciary was also emphasized. Additionally, empowering women through legal aid and economic initiatives was deemed crucial for ensuring their ability to assert and protect their inheritance rights.
In conclusion, while significant barriers persisted, Yoruba customary inheritance practices gradually evolved, presenting opportunities for gender-equitable legal reforms. By harmonizing statutory and customary laws and reinforcing legal safeguards, Nigeria could move toward a more inclusive inheritance system that upheld the fundamental rights of women and aligned with constitutional and international human rights standards.
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