AN APPRAISAL OF WOMEN’S RIGHTS TO INHERITANCE UNDER THE BINI CUSTOM IN THE LIGHT OF THE LEGAL FRAMEWORK FOR TESTATE AND INTESTATE SUCCESSIONS IN NIGERIA

Abstract

An Igiogbe is the house where a Bini man lived, died and usually in most cases is buried. It devolves absolutelywithout any contradiction on his eldest surviving son as soon as the burial rites are performed and completed byhim (in rare instances supported by family members) in accordance with the Bini Customary burial rites. Thework examined and appraised women’s rights to inheritance under the Bini custom: vis a vis legal framework fortestate and intestate succession in Nigeria, intestate succession, testate succession, and individual ownership ofproperty. Thereafter, it examined Igiogbe inheritance in Bini kingdom and all other issues and matters arisingfrom, bothering on and relating to this concept. The clamor for gender equality as constitutionally provided forby the Constitution of Federal Republic of Nigeria, and by most international and regional instruments has led tothe asking of some fundamental questions which were sufficiently answered in this work. The work is concludedwith some recommendations, mass enlightenment campaigns being mounted by the Ministry of Women Affairs atboth the Federal and State levels to enlighten the people about the hardship and injustice which discriminatorycustomary laws impose on women and that any customary law that is discriminatory against women should bedeclared invalid on the grounds that it is unconstitutional and repugnant to natural justice, equity and goodconscience.