INHERITANCE RIGHTS TO REAL PROPERTY UNDER IGBO LAND CUSTOMARY LAW: DID THE SUPREME COURT EVER SYMMETRIZE GENDER?

Abstract

Two 2014 judgments of the Supreme Court of Nigeria have been hailed as heralding a watershed on the issue of women inheritance of real property under Igbo customary law contrary to what had previously existed. However, an examination of these judgments suggests that the Supreme Court did not do so. Indeed, a further examination of pre-2014 judgments of the Supreme Court of Nigeria also suggests that they have never done so. This is due, in the main, to the fact that Supreme Court can only deal with matters before it on a case to case basis and only on the issues presented before it. It is therefore suggested that the most effective way for the Court to deal with such customs is to strike it down on a piece meal basis as each case is, based on variants of Igbo custom, raised before it for adjudication.