ASSESSING THE INTERSECTION OF CUSTOMARY LAW AND WOMEN LAND RIGHTS: PATTERNS OF EXCLUSION AND INEQUALITY IN NIGERIA

Abstract

The study assessed the influence of customary law on women land rights in Nigeria with focus on
patterns of exclusion, inequity and socio-economic consequences. It examined historical and
contemporary land tenure systems, comparing pre-colonial, colonial and post-colonial frameworks and
assessed how statutory reforms, including the Land Use Act of 1978, intersected with customary
practices to shape women access to land. The research methodology was doctrinal, reviewing legal
instruments, policies and scholarly literature on land tenure, inheritance and gendered land access.
Findings indicated that despite statutory provisions intended to promote equitable access, customary
norms continued to restrict women ability to own, inherit or control land. Women often relied on male
relatives for land access and insecure tenure limited their participation in agriculture, property
development and economic programs, contributing to poverty and social marginalization. Traditional
inheritance practices, patriarchal descent systems and the dominance of male-centered decision-making
exacerbated these challenges. The study also identified discrepancies between legal reforms and their
practical implementation, with bureaucratic inefficiencies, lack of awareness and cultural resistance
undermining the effectiveness of statutory frameworks. From the findings of the study, the researchers
recommended that relevant agencies should strengthen legal enforcement of women land rights, raise
public awareness of statutory entitlements, integrate gender-sensitive provisions in customary land
administration and establish oversight mechanisms to monitor compliance with existing laws.
Furthermore, the research stressed the need for harmonizing statutory law and customary practices to
enhance tenure security, promote equitable resource access and support women socio-economic
empowerment.