DEVELOPMENTS IN THE INHERITANCE RIGHTS OF WOMEN IN SOUTH-EAST OF NIGERIA

Abstract

The inheritance rights of women in South-East Nigeria have undergone significant
legal transformation from customary exclusion to increasing constitutional and
judicial recognition. Traditionally, under the customary laws of many communities in
the South-East, particularly among the Igbo, women were denied the right to inherit
family property, as the male children were considered the preservers of the family
lineage. Over time, however, legal developments through constitutional provisions and
judicial interventions have increasingly affirmed that any customary rule which denies
women inheritance solely on the basis of sex is inconsistent with constitutional
principles of equality and justice. In many rural communities in the South-East, social
acceptance of male-dominated inheritance systems continues to overshadow formal
legal protections. Particular attention is given to judicial authorities that have
invalidated discriminatory customs, especially the decision of Ukeje v. Ukeje, which
affirmed that any customary rule that excludes female children from inheritance solely
on the basis of sex is unconstitutional, null and void. The scope of this study cut across
the South-East of Nigeria and jurisdictions such as India and Kenya were compared
with the Nigerian situation particularly as obtainable in the South-East Nigeria. This
study concludes that with the current legal development, the inheritance rights of
women have tremendously improved. This study recommends that laws which are
already in the statutes should be proactively implemented to aid in curbing these
discriminatory practices, and the need for sensitization and enlightenment of women
in the South-East of Nigeria as it relates to their inheritance rights.