APPRAISAL OF THE IMPACT OF CUSTOMARY LAW ON THE RIGHTS OF WOMEN AND GIRL CHILDREN IN NIGERIA

Abstract

Customary law is an important source of law in Nigeria because it regulates the lives of over half of Nigerians particularly on matters concerning marriage, property, and inheritance. While its role in maintaining social order and cultural identity within communities is undeniable, its despicable perpetuation of harmful practices against women and girls over the years and across cultures cannot be tolerated. Drawing on previous studies and analyses of relevant laws and decided cases on the subject, this paper deliberates the interplay between customary law and the rights of women and girls in Nigeria, while focusing on specific cases and citing examples of women's rights violations under different customary laws in the country. The paper found that notwithstanding its valuable role in maintaining social order and cultural identity in communities, customary law has become a discriminatory breeding ground for violations against the rights of women in all parts of Nigeria. From discriminatory inheritance practices to child marriage and lack of access to education, the shadows of tradition often obscure the light of gender equality. Although over the years Government and other stakeholders at all levels have attempted different strategies (legislative, judicial, and administrative) to eliminate harmful customary norms against women and girls; these practices still persist. Therefore, to effectively tackle the ongoing struggle for gender equality amidst the tension between tradition and human rights, the paper recommended a multifaceted approach requiring a combination of legislative reform, cultural sensitivity, community engagement, access to justice, and women empowerment.