A CRITICAL ANALYSIS OF WOMEN’S INHERITANCE RIGHTS UNDER CUSTOMARY AND STATUTORY LAW

Abstract

This study critically examines the inheritance rights of women under Nigeria's dual legal system of customary and statutory law, highlighting the profound disparities and systemic discrimination that persist. Operating within a legally pluralistic framework, Nigeria's inheritance regime is characterized by a conflict between statutory laws that promote gender equality and deeply entrenched customary practices that often marginalize women, particularly widows and daughters. This research employs a doctrinal methodology to analyse key legal instruments, including the 1999 Constitution, the Administration of Estates Laws of various states, the Marriage Act, and relevant judicial precedents. It investigates the cultural, institutional, and procedural barriers that hinder women from accessing their inheritance rights and assesses the effectiveness of judicial and institutional mechanisms in enforcing these rights. The findings reveal that despite progressive constitutional provisions and landmark court rulings, discriminatory customary norms, weak enforcement, lack of legal awareness, and socio-economic pressures continue to disenfranchise women. The study concludes by advocating for comprehensive legal and policy reforms, including the harmonization of statutory and customary law, enhanced public sensitization, and stronger institutional frameworks to ensure gender justice and equitable inheritance rights for women in Nigeria.