DISCRIMINATORY INHERITANCE PRACTICES AND THE RIGHTS OF WOMEN IN NIGERIA

Abstract

In some ethnic groups in Nigeria, daughters and wives are prohibited from inheriting the landed property oftheir deceased fathers and husbands. Considering the huge economic value currently placed on real estate, thepoverty of women could be alleviated if they can be allowed without discrimination, to deal on family’s realestate equitably. Arguably, the male members of the family most often than not, engage in sale of the inheritedproperties as a result of which they become billionaires overnight. What is good for the goose is good for thegander. This article examined the discriminatory nature of inheritance rights of women in Nigeria. Themethodology of the paper is doctrinal in collecting and analyzing data from primary and secondary sources.This study discovered that practice of male primogeniture is prevalent in Nigeria and that there is a generaldiscrimination and violation of women’s right to inherit even in light of the plethora of court decisions whichhave heavily condemned the practice as being an infringement on the fundamental rights of women as enshrinedin Chapter iv of the Constitution of Nigeria 1999 (as amended) and other relevant international and regionallaws. This study made some recommendations which includes but not limited to the following: Wills should bemade so that the testators share their properties amongst the beneficiaries, in doing so, some discriminatoryinheritance practices against women can be avoided. Statutory marriages should be conducted in addition tothe customary marriage ceremonies because the law protects the wife and children of a statutory marriage asopposed to customary marriages as the spouse is given priority in administration of the deceased estate orbetter still, customary marriages should be upgraded to the status of statutory marriage.