FEMALE INHERITANCE AMONG THE IGBO OF NIGERIA: BETWEEN LEGAL INNOVATION AND DIE-HARD CUSTOM

Abstract

A major challenge confronting women in Igboland, southeast Nigeria is the Igbo custom that denies female daughters and widows the right to inherit family property. This makes the inheritance of family property among the Igbo the exclusive right of male children. This age-long custom has subjected women to discrimination and deprivation and reduced them to a second-class status in Igbo communities. Recently, the Supreme Court declared the obnoxious custom unconstitutional and, therefore, void. This was followed by legislation in Rivers and Abia States vesting women with inheritance rights in family property. This paper critically examines the Igbo customary law of inheritance and its discrimination against women in succession to family property. It discusses the reason behind the disinheritance of women from the perspective of Igbo culture and the consequences of this discrimination for the women affected. The paper argues that beyond judicial decisions and legislation, there is also the challenge of die-hard custom that could ensure that these legal innovations aimed at eradicating the discriminatory custom do not yield the desired results. It makes recommendations on ways to eradicate the custom beyond judicial decisions and legislative intervention.