Succession and the Rights of Female Children and Widows against Male Counterparts under Customary Law in Southern Nigeria

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.
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