MATTERS ARISING FROM THE RIVERS STATE PROHIBITION OF THE CURTAILMENT OF WOMEN’S RIGHT TO SHARE IN FAMILY PROPERTY LAW, NO.2 OF 2022

Abstract

Discrimination against women is an intrinsic part of several cultures in
Nigeria. In Rivers State, women are sometimes prevented from inheriting
landed property from their husbands or parents. The rights of women is
guaranteed by several international instruments to which Nigeria is signatory.
These instruments include the Convention on the Elimination of all forms of
Discrimination against Women (CEDAW), the African Charter on Human and
Peoples’ Rights (ACHPR) and the Optional Protocol to the African Charter on
Human and Peoples Rights on the Rights of Women in Africa, (Maputo
Protocol). In addition, the Constitution of the Federal Republic of Nigeria, s42
provides for the right to freedom from discrimination. Based on this
constitutional provision, the apex court in Nigeria has upheld the right of
women to inherit property; including landed property. In 2022, the Rivers State
House of Assembly passed the Prohibition of the Curtailment of Women’s Right
to Share in Family Property Law. This article argues that the law as passed
leaves room for abuse and is inadequate to address discrimination against
women in the state. The article therefore recommends, among other things, that
the Rivers State Prohibition of the Curtailment of Women’s Right to Share in
Family Property Law, 2022 should be amended to stipulate that women should
receive an equitable share of the family property being inherited. To effectively
address discrimination against women, all the institutions of society must be
actively engaged in addition to the passage of robust legislation.