Mitigating the Injustice of the Customary Law Relating to Inheritance of Landed Property by Women amongst the Igbo People of Nigeria

Abstract

Under the customary law of the Igbo People of Southeast Nigeria, women-wives and daughters, do not have right of inheritance especially of landed property. This is predicated on the customary law principle of primogeniture pursuant to which succession is through the eldest male in the family. Consequent upon this customary practice, women have suffered the injustice of discrimination and degradation in spite of the constitutionally-guaranteed rights against discrimination of any kind. It is perhaps in line with this realization, and in consonance with the current global trend of equality of all, irrespective of gender that Nigerian courts have risen to their responsibility in mitigating the injustice occasioned by this customary practice. This paper highlights and discusses the unjust customary practice of disinheriting the female gender, which is a derogation of the fundamental right against discrimination guaranteed by the constitution. The paper also examines the effort of the courts in mitigating the obvious injustice occasioned by the practice and makes suggestions for a more effective legal regime.