PROTECTION OF WOMEN UNDER CUSTOMARY LAW IN NIGERIA: TAKING A CUE FROM SOUTH AFRICA

Abstract

The rights of women have been appraised at the national, regional and international levels. Globally, countries have tried to assuage the rights of women by signing conventions, treaties, which protect the fundamental human rights of such individuals. Nigeria is one of those countries that have signed several conventions that aim to protect women but challenges exist especially in the area of customary law in relation to property rights. On the dissolution of marriage in Nigeria, it appears that the law discriminates against women under customary law and hence, such women do not have rights to the property that may have been acquired during the subsistence of the marriage. The native law and custom regulate the celebration of customary law marriage and there is no substantive law that protects the interest of women. This article will therefore discuss customary law and it will be comparatively compared with South Africa to determine whether it is of great necessity to develop a legal framework for the protection of the rights of women under customary law.