Discrimination against women is defined by Article 1 of the United Nations Convention on the Elimination of all Forms of Discrimination Against Women 1979 (referred to as the 1979 Convention) as “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”1 Discrimination then is symptomatic of any situation where patterns of structural inequality are maintained by rules, norms and procedures which dictate a subordinate role for women in all spheres of society. The movements calling for an end to all forms of discrimination against women emphasize the need for a radical re-definition of the process and content of economic, social and political development and stress the need for a holistic orientation which acknowledges the vital role of women in development and engineers their integration into development planning and process as equal partners with men. For this purpose, it is argued that legal and substantive protection at the domestic, regional and international levels must be coordinated for more meaningful enhancement of both the status and situation of women.
Discrimination against women in particular societies takes different forms, and thus requires the utilization of differential strategies in different historical epochs and societies.
Discrimination against women will continue to be a problem until all the factors responsible for its existence, maintenance and institutionalization are understood and eradicated.
Widowhood has also been defined as the state of mourning the loss of one’s husband or wife through death3. The stress of this phenomenon is as real as those of loneliness and divorce. Widowhood is thus seen as a life event with wide range of consequences. For instance, widowhood is known to be responsible for the poor health status of widows and widowers, with minimal long-term consequences and is also associated with intense grief and angry expressions, especially among more widows than the divorced (when) compared.4 This is possibly because of deprivation following loss of spousal intimacy through death. It can thus be concluded that widowhood by implication is a stressful life event demanding practicable support systems.
TABLE OF CONTENTS
Title Page
Dedication
Certification
Acknowledgement
Table of Contents
Table of Legislation
Table of Cases
CHAPTER ONE
1.1 General Introduction
CHAPTER TWO
2.0 Overview of Widowhood Practice in Nigeria
2.1 South-South Nigeria – Edo/Rivers States
2.2 South-East Nigeria – Anambra/Imo States
2.3 South-West Nigeria – Ondo State
2.4 North-Central Nigeria – Benue
2.5 North-West Nigeria – Kano
2.6 North-East Nigeria - Bauchi
CHAPTER THREE
3.0 Health Implications of widowhood Practices
3.1 Economic effects of widowhood
CHAPTER FOUR
Widows Rights and Inheritance
4.1 Customary Law
4.2 Common Law
4.3 Sharia Law
4.4 Widows’ Inheritance
4.5 Treatment of Widowers
4.6 Review of Legislative Interventions
CHAPTER FIVE
5.1 Recommendation (The Way Forward)
5.2 Conclusion
Schedule
TABLE OF LEGISLATION
1. Chapter IV of the 1999 Constitution
2. Enugu State Laws on the Fundamental Rights of Widows and Widowers - 2001
3. African Charter on Human and Peoples Rights
4. Beijing Platform for Action
5. Convention of Political Rights of Women;
6. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW);
7. International Bill of Rights: UDHR, ICCPR and ICESCR
8. International Convention on the Elimination of All Forms of Racial Discrimination;
9. International Covenant on Economic, Social and Cultural Rights (ICESCR);
10. Optional Protocol on Women’s Rights in Africa
11. Slavery Convention of 1926 as amended; and
12. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
TABLE OF CASES
1. Adadevoh & Ors v. The Estate of Herbert Macaulay (1951) 13 W A C A 304
2. Administrator-General v. Onwu Egbuna (1945) 18 NLR 1
3. Aileru Kors v. Anibi (1952) 20 NLR 46
4. Balogun v. Oshodi (1931) 10 NLR
5. Cole v. Cole (1981) 1NLR 15
6. Cole v. Agyare (1998) 1 G Q L J 5
7. Coleman v. Shana (1981) A C 481
8. Ejiamaike v. Ejiamaike (1972) 2 ECNSLR p.11
9. Eze v. Okwo Unprinted (1959) Obovo District Court, suit no. 29159 and Nsukka Country Court of Appeal.
10. Godwin v. Crowther (1934) 2 WACA 109
11. Labinjoh v. Abake (1024) 5 N L R 33
12. Loye v. Loye (1981) OYSHC 140
13. Madu v. Madu [2007] 14 N W L R (pt. 784) 335 S C 14. Meribe v. Egwu (1976) 1 ALL NLR (pt. 1) SC
15. Mohammed v. Klargester (Nig) Ltd (2002) 14 N W L R (Pt. 787) 335 S C
16. Mojekwu v. Mojekwu (1974) 7 NWLR (pt. 512) 283
17. Nezianya & Azika v. Okagbue (1963) All N L R 352
18. Obusez v. Obusez [2007] 10 NWLR Pt. 1043 C A 430
19. Okonkwo v. Okagbue (1994) 12 SCNJ 81 20. 20.Oshilaja v. Oshilaja (1973) CCHCJ 30/10/73
21. Owonyin v. Omotosho (1961) ALL NLR 304 at 309
22. Rabiu v Fatima (1963), SCA.CV.40/63
23. Salubi v. Nwariaku (1997) NWLR (pt 505) 442
24. Smith v. Smith (1924) 5 NLR 15
25. Sogunro Davies v. Sogunro & Ors (1992) N L R 79 26. Suberu v. Sunmonu (1957) 12 F SC 33
27. Taylor v. Taylor (1935) 2 WACA 348 at 349
28. Yakubu v. Paiko (1985) Suit No. CA/K/80S/85 (Unreported)
29. Yanusa v Adesubokun (1968) NNLR 97