ABSTRACT
The general belief in Nigeria is that women are inferior to men, and this has a negative impact on women as regards succession under customary laws. Hence, the issue of gender discrimination remains a bane in the society despite various attempts both at the international and municipal level to curb such excesses.This paper examines the rights Nigerian women have to inherit under the customary/intestate laws of the major ethnic groups (Ibo, Yoruba and Benin) in Nigeria, as well as under Islamic/Sharia laws and how such limitations infringe upon women’s fundamental human rights. We further state the shortcomings of each customary law and how they contradict/oppose stated international treaties on human rights as well as Nigerian laws on inheritance. This work also discusses the rights women have under testate succession laws to inherit in Nigeria. Likewise, a number of international laws on human as well as women’s rights are discussed as well as the laws they’ve put in place to protect the rights of all women in member states and to what extent these laws have been implemented in Nigeria. In the end, recommendations are made to the relevant statutory bodies to safeguard the rights of all women in Nigeria as well as to enhance the present state of the law protecting women’s rights in the country.
TABLE OF CONTENTS
Page
COVER PAGE………………………………………………………........... i
CERTIFICATION PAGE………………………………………………….. ii
ABSTRACT………………………………………………………............... iii
DEDICATION………………………………………………………........... iv
ACKNOWLEDGEMENT………………………………………………….. v
TABLE OF CASES……………………………………………………… vii
TABLE OF STATUTES……………………………………………………. ix
LIST OF ABBREVIATIONS……………………………………………...... xi
TABLE OF CONTENTS…………………………………………………… xii
CHAPTER 1
AN OVERVIEW OF WOMEN’S RIGHTS TO INTESTATE SUCCESSION IN NIGERIA
1.0.0 INTRODUCTION 1
1.1.0 INTESTATE SUCCESSION UNDER CUSTOMARY LAW 2
1.2.0 INTESTATE SUCCESSION UNDER ISLAMIC LAW 7
1.3.0 CONCLUSION 8
CHAPTER 2
AN OVERVIEW OF WOMEN’S RIGHTS TO TESTATE SUCCESSION
IN NIGERIA
2.0.0 INTRODUCTION 9
2.1.0 LEGISLATION 9
LOCAL LEGISLATION 10
2. INTERNATIONAL LEGISLATION 11
2.2.0 CONCLUSION 17
CHAPTER 3
AN APPRAISAL OF TESTATE AND INTESTATE INHERITANCE RIGHTS OF WOMEN IN NIGERIA
3.0.0 INTRODUCTION
18
3.1.0 NIGERIAN CUSTOMARY LAW 18
PATRIARCH 19
SUCCESSION UNDER CUSTOMARY LAW 21
3.2.0 CRITICISM 28
3.3.0 CONCLUSION 32
CHAPTER 4
4.0.0 GENERAL CONCLUSION 33
4.1.0 OBSERVATIONS 33
4.2.0 RECOMMENDATIONS 35