APPRAISAL OF THE INHERITANCE RIGHTS OF WOMEN IN NIGERIA

Student: Emmanuella Ngozi Ononye
Supervisor: Mrs Nnenna Nwajiaku
HOD: Mr Boniface Obinna Okere
Department of Law
Law
Godfrey Okoye University, Ugwuomu-Nike, Enugu, Enugu State

Abstract

Traditionally, women -daughters and wives face the challenge of being denied inheritance from their father’s or husband’s estate while men inherited properties effortlessly. Judicial intervention was limited until the case of Mojekwu v Mojekwu and other modes by which women can easily inherit property are largely underutilised. This study delves into the historical challenge of inheritance by women in Nigeria, focusing on the customary practices that have marginalized women in favour of male descendants. The study aims to explore the judicial and legislative interventions implemented to improve women’s inheritance rights and their effectiveness in addressing gender-based inequalities with regard to property inheritance. The primary and secondary sources of law will be used as part of the study’s doctrinal research methodology; primary sources being court decisions, statutes and constitutional clauses and secondary sources such as books, reports and online resources. The thesis proposes recommendations to safeguard the equal rights of women to property such as legislative reforms explicitly prohibiting gender-based discrimination, public enlightenment mechanisms, and collaborative efforts with traditional leaders This research is significant as the promotion of equal right to own and inherit property will help to entrench a just and equitable society. While the study acknowledges the progress made in addressing discriminatory practices, it recognises the need for further action to achieve complete gender parity in the country’s inheritance laws.

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