AN APPRAISAL OF THE INHERITANCE RIGHT OF WOMEN IN NIGERIA UNDER THE STATUTES AND IGBO TRADITION AND CULTURE

Student: Esther Onyi Ochoho
Supervisor: Prof Ukooh Ikoni
HOD: Prof Lawrence Ogiji
Department of Law
Law
Rev. Fr. Moses Orshio Adasu University, Makurdi

Abstract

Inheritance rights remain a critical aspect of gender equality, particularly in Nigeria, where statutory laws and customary practices often conflict. This study critically examined the inheritance rights of women in Nigeria under statutory law and Igbo customary law. Despite the constitutional provisions and legal frameworks that promote gender equality, women, particularly widows and female children, continue to face significant discrimination in inheritance matters. The study highlights the patriarchal nature of Igbo customary law, where women are largely excluded from inheriting land and other family assets, reinforcing economic disempowerment and social inequalities. The research identifies key challenges affecting women's inheritance rights, including patriarchal traditions, inadequate legal protection, the interplay between customary and statutory laws, family disputes, and cultural stigma. These challenges contribute to the systematic denial of women's rights and hinder their economic empowerment. The study also explores the disparities in inheritance practices across different ethnic groups in Nigeria, revealing that some ethnic traditions provide more inheritance rights to women than others. The doctrinal method of research was adopted wherein both primary and secondary sources of law were explored. Findings indicate that while statutory laws such as the 1999 Constitution, the Marriage Act, and the Land Use Act provide a legal framework for gender equality in inheritance, their enforcement remains weak due to deep-rooted customary practices. The study underscores the urgent need for legal reforms, judicial activism, public awareness campaigns, and community engagement to address discriminatory inheritance customs. To bridge the gap between legal provisions and actual implementation, the study recommends amending inheritance laws to explicitly grant women equal rights, strengthening judicial mechanisms to strike down discriminatory practices, and promoting awareness campaigns to challenge cultural biases. Additionally, it advocates for collaboration with traditional institutions to gradually reform customary practices and for the establishment of legal aid centers to support women in inheritance disputes. By addressing these issues, this study contributes to the broader discourse on gender equality and legal reform in Nigeria. Ensuring equitable inheritance rights for women is not only a matter of social justice but also a critical step toward economic development and poverty reduction. The study concludes that a holistic approach, combining legal, social, and cultural interventions, is necessary to eliminate gender-based discrimination in inheritance and promote sustainable gender equality in Nigeria.

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