Succession and the Rights of Female Children and Widows against Male Counterparts under Customary Law in Southern Nigeria
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Date
2017
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Publisher
Ife Juris Review
Abstract
The patterns of inheritance and succession, particularly under
intestate estate under customary law in Nigeria, have almost as many
variations as there are ethnic groups in the country, and many of the
variations are discriminatory in practice. The law of succession and
inheritance reflects Nigeria's plural legal system. Indigenous
customary law developed rules of inheritance for intestacy through
the traditional canon.of descent, as adapted over the years to changes
in the society and the rule of natural justice as applied by the courts.
Rather than trying to cover all the patterns of succession, this paper
examine a few of the succession patterns, with particular reference
to the discriminatory aspects under customary law. The study
concluded that even though customary laws differ from place to place,
some principles of customary Law seem to repeat themselves in the
different cultures. Intrinsic in almost all customary laws is the principle
that men are superior to women and as such women are subject to
men. Following this notion, women are viewed as belonging first to
their fathers and subsequently to their husbands. Therefore, women
are denied many rights including the right to inherit property and
others from their fathers and husbands, the right to own property
since they are themselves chattels to be inherited. Finally the study
concluded that this is contrary to the principle of non discrimination
as enshrined in section 42 of the 1999 Constitution which provides
that no person should be discriminated against only on ground of
sex, race, religion etc.