Customary Law and the Protection of Women's Property and Inheritance Rights in Southwest Nigeria

Abstract

This study looked at how Southwest Nigerian communities' property and inheritance rights are safeguarded by customary law. Women still experience discrimination in inheritance under customary law, despite Nigeria's obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples' Rights, as well as constitutional guarantees of equality under Section 42 of the Federal Republic of Nigeria 1999 (as amended). By analyzing the nature of customary inheritance, current legal protections, and the implementation gap, the study concentrated on the ongoing gap between legal protections and discriminatory customary behaviors. It was restricted to a few villages in Southwest Nigeria where customary law is still widely practiced. The study used a socio-legal doctrinal methodology that involved the examination of constitutional provisions, statutes, court rulings, and pertinent scholarly literature. It was grounded in legal pluralism theory and feminist legal theory, and it was enhanced by a human rights-based approach. The results showed that inheritance customs are still primarily patrilineal, with daughters and widows often denied or given restricted inheritance rights. Even while judicial and constitutional frameworks offer substantial legal protection, cultural opposition, legal heterogeneity, poor institutional execution, and socioeconomic hurdles limit enforcement. Women's inheritance rights are more firmly entrenched in law than in practice, according to the study's findings. It suggests improving women's economic empowerment, bolstering enforcement mechanisms, raising legal awareness among women, and harmonising customary inheritance norms with international human rights standards and the constitution. The study adds to the body of literature by illustrating how Nigerian women's inheritance rights are still not adequately protected due to legal pluralism and patriarchal customary norms.