DISCRIMINATORY INHERITANCE PRACTICES AND THE RIGHTS OF WOMEN IN NIGERIA

Abstract

In some ethnic groups in Nigeria, daughters and wives are prohibited from inheriting the landed property of their deceased fathers and husbands. Considering the huge economic value currently placed on real estate, the poverty of women could be alleviated if they can be allowed without discrimination, to deal on family’s real estate equitably. Arguably, the male members of the family most often than not, engage in sale of the inherited properties as a result of which they become billionaires overnight. What is good for the goose is good for the gander. This article examined the discriminatory nature of inheritance rights of women in Nigeria. The methodology of the paper is doctrinal in collecting and analyzing data from primary and secondary sources. This study discovered that practice of male primogeniture is prevalent in Nigeria and that there is a general discrimination and violation of women’s right to inherit even in light of the plethora of court decisions which have heavily condemned the practice as being an infringement on the fundamental rights of women as enshrined in Chapter iv of the Constitution of Nigeria 1999 (as amended) and other relevant international and regional laws. This study made some recommendations which includes but not limited to the following: Wills should be made so that the testators share their properties amongst the beneficiaries, in doing so, some discriminatory inheritance practices against women can be avoided.  Statutory marriages should be conducted in addition to the customary marriage ceremonies because the law protects the wife and children of a statutory marriage as opposed to customary marriages as the spouse is given priority in administration of the deceased estate or better still, customary marriages should be upgraded to the status of statutory marriage.