CHALLENGES AND PROSPECTS OF THE LEGAL DEVELOPMENT OF THE INHERITANCE RIGHTS OF WOMEN IN SOUTH-EAST NIGERIA

Abstract

The issue of women’s inheritance rights in South-East Nigeria remains one of the most contentious
areas of customary law and gender justice. Despite the developments in the inheritance rights of
women in the South-East of Nigeria, several challenges continue to undermine the practical
enjoyment of inheritance rights by women. These challenges include societal adherence to
patriarchal traditions, ignorance of legal rights, family pressure, costly litigation, and the
reluctance of local institutions to enforce judicial decisions against entrenched customary
practices. This study examines the challenges and prospects of women’s inheritance rights in
South-East Nigeria. The study adopts a doctrinal research methodology relying on primary sources
such as legislation and judicial authorities. The findings revealed weak enforcement mechanisms,
lack of legal awareness, deeply entrenched patriarchal customs and resistance to judicial
pronouncements. Although landmark judicial decisions have invalidated discriminatory customary
practices that deny women the right to inherit property, implementation remains inadequate due to
societal attitudes and the persistence of customary norms. The study concludes that meaningful
protection of women’s inheritance rights requires a holistic approach that combines legal reform,
effective enforcement of court decisions, public sensitisation, and cultural reorientation. The study
recommends the need for the enactment of a comprehensive and gender-sensitive inheritance law
with a strong enforcement mechanism, periodic review of the inheritance laws and communitybased legal awareness programmes should be introduced, particularly in rural areas, to educate
women on available legal protections and avenues for redress.