LEGAL PROTECTION OF WOMEN'S INHERITANCE RIGHTS IN NIGERIA: CHALLENGES POSED BY CUSTOMARY LAW

Women’s inheritance rights in Nigeria remain a significant legal and socio-cultural concern, particularly where a deceased person dies intestate and succession is governed by customary law. The death of a husband or father often creates economic and emotional vulnerability for surviving wives and children, who may subsequently face exclusion from property and other forms of inheritance. In several Nigerian communities, particularly in parts of southeastern Nigeria, customary practices have historically restricted the inheritance rights of widows and female children, allowing members of the deceased’s extended family to claim or appropriate his property. Such practices frequently conflict with constitutional principles of equality, human dignity, and non-discrimination. Nigerian courts have increasingly challenged discriminatory customary rules through judicial pronouncements, including Nezianya v. Okagbue, Anekwe v. Anekwe, and the landmark decision in Ukeje v. Ukeje, which affirmed the inheritance rights of female children. Despite these judicial developments, discriminatory practices continue to persist in some communities due to deeply entrenched cultural beliefs, inadequate awareness of legal protections, and weaknesses in the enforcement of succession laws. This study examines the legal framework governing women’s inheritance rights in Nigeria and evaluates the constraints imposed by customary law and traditional practices. It argues that although judicial interventions have strengthened the legal protection of women and female children, substantial gaps remain between formal legal rights and their practical enjoyment. The study recommends stronger enforcement of constitutional and judicial protections, increased legal awareness, effective estate planning, and the reform or abolition of discriminatory customary succession practices. It concludes that achieving meaningful gender equality in inheritance requires the harmonisation of customary practices with constitutional principles and the protection of the fundamental rights of widows and female children