A CRITIQUE OF DISCRIMINATORY INHERITANCE PRACTICES AND WIDOWHOOD RIGHTS UNDER ITSEKIRI CUSTOMARY LAW IN SOUTH-SOUTH NIGERIA

Abstract

This paper applies the doctrinal research method to identify and appraise multi-faceted and multi-dimensional discriminatory succession practices against widows under Itsekiri customary laws of South-South Nigeria. It highlight key inhuman and degrading discriminatory practices under Itsekiri customary law such as exclusion of widows from inheritance of their deceased husband’s property and construing wives as properties and part of the deceased husbands estate to be shared. This paper concludes that Inhuman and uncivilized Customary practices which saw widows as chattels to be inherited, have been abolished by the Supreme Court of Nigeria and declared repugnant to natural justice, equity and good conscience. It is recommended that the National Assembly and States Houses of Assembly should urgently pass legislations making it a criminal offence to discriminate against widows/females in any form especially with regards to inheritance rights, and providing stiff punishment for such discrimination. This paper also recommends mass advocacy and lawful protests to effect changes in Itsekiri and similar customs that denies widows of their rights of inheritance.