INQUIRY INTO THE RIVERS STATE PROHIBITION OF CURTAILMENT OF WOMEN’S RIGHT TO SHARE IN FAMILY PROPERTY LAW NO 2 OF 2022

Abstract

The recognition and treatment accorded to the male and female have not been
equal through times. In most parts of human society, including Nigeria,
women’s positions are defined by their male folk. There are attributes
associated with being a male or female. This discriminatory treatment has
affected many areas of women’s lives including their right to property,
successive or inheritance. This paper aimed at inquiring into the Rivers State
Prohibition of the Curtailment of Women’s Rights to Share in Family Property
Law No 2 of 2022. Adopting the doctrinal research methodology, it is found
that the Law vests in every wife the same rights and responsibilities in respect
of the acquisition and ownership, management and administration,
employment and disposition of the family property with her husband where
the family property was jointly acquired. The Law equally prohibits all forms
of discrimination against women in the distribution, allocation, or inheritance
of family or community property. It is recommended that section 17 of the Law
be amended to include a definition on what constitutes ‘legally married’ and
‘family property.’ Section 8 should be amended so that a woman who is
divorced, whether she is remarried or not, will not be allowed to share in her
divorced deceased husband’s property.