Is a Woman a property to be Inherited and the Right of a Woman as Regards Succession Under Customary
Introduction
In many traditional African societies, customary laws have historically defined societal structures, inheritance, and family relations. In Nigeria, these customs vary across ethnic groups, often reflecting deeply rooted patriarchal values. One such contentious issue is the treatment of women—especially widows—in matters of succession and inheritance.
A particularly disturbing tradition in some communities is the notion that women, especially widows, are considered “property” of the deceased husband’s family and may be inherited by a male relative. This article explores the historical origins, legal implications, human rights violations, and modern reforms regarding such practices, with a particular focus on the Nigerian legal system and a critical examination of how customary law has been evolving.
The Origin and Nature of Widow Inheritance under Customary Law
Widow inheritance, known in some cultures as levirate marriage, is a tradition where a man inherits his deceased brother’s wife. The practice is often justified as a means of protecting the widow and her children, keeping property within the family, and ensuring lineage continuity.
However, over time, this practice has been perverted into a tool of oppression and control. In many Nigerian communities—such as among the Igbo, Tiv, and even some Yoruba subcultures—widows have been subjected to degrading rituals, forced remarriage, and denial of their fundamental rights. This raises a fundamental question: Is a woman truly to be considered inheritable property, or does she possess independent human dignity and legal status?
Legal Status of Women Under Nigerian Customary Law
Customary law in Nigeria is recognized under the Constitution, provided it does not conflict with statutory law or principles of natural justice, equity, and good conscience. Unfortunately, many customary practices have consistently failed this test—especially when they concern women’s rights.
Denial of Inheritance Rights
Under traditional norms, daughters often do not inherit from their fathers’ estate, and widows are excluded from inheriting from their husbands. Instead, male children or male relatives are regarded as rightful heirs. This gender-based discrimination has led to widespread economic disenfranchisement of women in rural areas.
Violation of Women’s Autonomy
By treating widows as inheritable objects—either to be forced into marriage with a brother-in-law or ejected from their matrimonial homes—customary law dehumanizes women. This tradition ignores the widow’s consent, dignity, and right to self-determination.
Nigerian Constitution and Statutory Protection for Women
Nigeria’s Constitution, under Section 42, guarantees protection against discrimination on the basis of sex. This legal protection is further reinforced by international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which Nigeria is a signatory.
The courts have, over time, played a significant role in dismantling discriminatory customary practices:
Key Judicial Precedents
1. Mojekwu v Mojekwu (1997) 7 NWLR (Pt 512) 283
The Court of Appeal declared the “Oli-ekpe” customary law (which prevents a female child from inheriting her father’s property) as repugnant to natural justice, equity, and good conscience. The judgment emphasized that women are not to be treated as second-class citizens.
2. Ukeje v Ukeje (2014) LPELR-22724(SC)
The Supreme Court held that the Igbo custom which disinherits female children is void. The Court stated: “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.”
3. Suberu v. Sunmonu (1957) WRNLR 23
Here, the court held that a widow is entitled to remain in her late husband’s home as long as she remains unmarried, recognizing her possessory right to the matrimonial property.
Case Study: The Agony of Mrs. Nkem
Background:
Mrs. Nkem, a 42-year-old woman from a rural Anambra community, lost her husband in a tragic car accident. Within days of his death, her husband’s younger brother approached her with the expectation that she would become his wife “in line with tradition.” When she refused, she was forcefully ejected from her marital home, and her late husband’s property was taken over by the brother.
Legal Action:
With assistance from a legal aid group, Mrs. Nkem filed a case in court. The court, relying on Mojekwu v Mojekwu and Ukeje v Ukeje, held that the widow has a right to remain in her matrimonial home and that forcing her into marriage violates her constitutional rights.
Outcome:
The court awarded damages and ordered the immediate restoration of her marital home and access to her late husband’s estate. This case became a landmark in her community, discouraging similar abuses.
Women’s Succession Rights: Statutory and Judicial Reforms
1. Intestate Succession
Where a man dies without a will, his estate is governed by either customary or statutory rules depending on his personal law. The Administration of Estates Law of Lagos State and similar statutes in other states provide equitable distribution among spouses and children, irrespective of sex.
2. Testate Succession
Women have the right to inherit property under wills. Courts generally uphold testate arrangements, provided the will was properly executed and free from undue influence. Encouraging testate succession (writing wills) is thus a way to bypass oppressive customs.
3. The Role of Human Rights Commissions
Nigeria’s National Human Rights Commission and NGOs like WARDC (Women Advocates Research and Documentation Centre) continue to fight for women’s rights and offer legal support for widows and daughters facing discriminatory customs.
Cultural Resistance and the Path Forward
Despite these judicial victories, cultural resistance remains strong in rural Nigeria. Many widows still suffer in silence due to fear, poverty, or lack of awareness. Hence, education, sensitization, and community engagement are essential to changing mindsets.
Empowering Women Through Law and Policy
Legal Awareness Campaigns: Especially in local languages, to educate women about their rights.
Paralegal Training: Training community paralegals to assist women at the grassroots level.
Legislative Review: All states should domesticate international treaties like CEDAW and explicitly outlaw widow inheritance.
Women’s Land Rights: Programs that support joint land titling for married couples.
Comparative Perspectives: How Other African Countries Are Reforming
1. Kenya
The Law of Succession Act guarantees equal inheritance rights for men and women, and courts have nullified traditions that discriminate against women.
2. South Africa
South Africa’s Constitution and courts reject all forms of gender-based inheritance discrimination, blending customary and civil laws into a single framework of equality.
3. Ghana
Ghana’s Intestate Succession Law (PNDCL 111) offers a fair distribution of property to surviving spouses and children, balancing customary norms and modern legal expectations.
Conclusion
The notion that a woman is a property to be inherited is not only archaic but fundamentally violates the principles of human dignity, equality, and justice. Under modern Nigerian law—bolstered by constitutional safeguards and landmark judicial decisions—women are not chattel. Widows and daughters have equal rights to succession and protection against dehumanizing customs.
However, the fight is far from over. Cultural attitudes, poverty, and ignorance still perpetuate these practices. It is incumbent upon the legal system, civil society, traditional institutions, and every stakeholder to continue pushing for the full emancipation of women under all legal systems in Nigeria.
Call to Action
It’s time to break the silence and end the centuries-old injustice. No woman should be treated as property. No widow should be stripped of her dignity. No daughter should be denied her rightful inheritance.
At Chaman Law Firm, we stand as a voice for justice and an advocate for women’s rights under both statutory and customary law. If you or someone you know is a victim of discriminatory inheritance practices, we are here to fight for you.
✅ Need legal guidance on succession rights?
✅ Facing rejection or oppression after your spouse’s death?
✅ Denied your rightful inheritance due to tradition?
Let us help you reclaim your dignity, secure your future, and protect your rights.
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