Customary laws in Nigeria are unwritten rules and practices that are based on the traditions and customs of a particular ethnic group or community. They often reflect the patriarchal and patrilineal nature of Nigerian society, where men are considered more important than women, and male children are preferred over female children.
Some of the customary laws in Nigeria that unfairly treat women in inheritance include:
Igbo customary law: Denies female descendants the right to inherit their father's property and estate, especially land, which is considered the most valuable asset.
Yoruba customary law: Allows female children to inherit their father's property, but only a small fraction compared to their male siblings. The female children are also expected to give up their share of the property to their husbands upon marriage. The Yoruba customary law also gives preference to the eldest son, who inherits the largest portion of the property and becomes the head of the family.
Hausa-Fulani customary law: Also allows female children to inherit their father's property, but only half of what their male siblings receive. The female children are also required to share their inheritance with their husbands, who have the right to sell or give it away as they wish. The Hausa-Fulani customary law also gives priority to the male relatives of the deceased through the paternal line, who are known as agnatic heirs.
Bini customary law: Completely excludes female children from inheriting their father's property, except for personal items such as clothes and jewellery. The female children are regarded as outsiders who have no claim to their father's property. The Bini customary law also gives decisive power to the first son, who inherits all the property and evolves to be the sole administrator of the estate.
These laws deprive women of economic security, independence, and empowerment. They also make women more vulnerable to discrimination, violence, and abuse. They violate the constitutional right of every citizen to freedom from discrimination on the basis of sex, as well as the international and regional obligations that Nigeria has signed up to, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol), and the Beijing Declaration and Platform for Action.
Injustice is Real is saddened by the existence and persistence of the customary laws in Nigeria that unfairly treat women in inheritance. We believe that these laws are unjust, unfair, and harmful to the rights and welfare of women and girls in Nigeria. We also believe that these laws are contrary to the constitutional and human rights principles that Nigeria has committed to uphold.
We are therefore advocating for an end to this customary culture that denies women equal rights to property ownership. We are calling on the government, the judiciary, the legislature, the traditional and religious leaders, and the civil society to take urgent and concrete actions to abolish these discriminatory laws and practices. We are also calling on the public, especially men, to support and respect the rights of women and girls to inherit and own property
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