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

Author(s): CLARIBEL DIEBO FAB-EME | Volume 18 (2)April, 2023


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