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Articles

No. 1 (39) (2022)

Examination of the Right of a Female Child to Inheritance: Eastern Nigeria Context

DOI
https://doi.org/10.36128/priw.vi39.378
Submitted
February 4, 2022
Published
2022-04-01 — Updated on 2022-04-01
Versions

Abstract

Currently, the nation (Nigeria) is no doubt, in its worst economic periods because of the global economic downturn which brought about the economic recession (slacking of business and industrial activity). Those at the helm of affairs grapple daily with the numerous problems that are attendant on economic depression to save the country from total collapse. In addition to the economic depression is the growing cases of disputes emanating from the female child inheritance in Eastern Nigeria which covers Anambra, Abia, Enugu, Imo, and Ebonyi States. The status of women has, through the ages, been a cause for grave concern in every culture and every clime. In some areas of the globe, it has passed the stage of sympathetic concern and has entered an era of aggressive feminism.
In Eastern Nigeria, the right to inherit property is determined by the customary law which did not accord any recognition on a woman except as property of her husband or parents (chattel). This paper examines the right of a female child to inherit property in Eastern Nigeria, states categorically the weaknesses of customary laws in protecting the interest of a female child, the current position of Superior Courts of record in Nigeria examines both local and international instruments put together for the protection of women and makes recommendations.

References

  1. Ezeilo Joy Ngozi, „Rethinking Women and Customary Inheritance in Nigeria” Commonwealth Law Bulletin, No. 4 (2021): 1-13.
    Show in Google Scholar -->>
  2. Garner Bryan, Black’s Law Dictionary, 7th ed. Eagan: West, 1999.
    Show in Google Scholar -->>
  3. Mohammed Umar F., Sule Isah Kazaure, Aminu Adamuargungu, „Fundermental Human Rights and Dehumanizing Cultural Acts Against
    Show in Google Scholar -->>
  4. Nigeria’s Women” Journal of the Gujarat Research Society, No. 11 (2019): 472-477.
    Show in Google Scholar -->>
  5. Nwaechefu Hillary, Stephen T. Kalama, „Discrimination Against Female and Widow in Inheritance of Real Estate and Succession in the South Eastern Nigeria: a Breach of International Instrument and the Nigeria Constitution” Journal of Law, Policy, and Globalization, Vol. 81 (2019): 53-60.
    Show in Google Scholar -->>
  6. Nwogugu Edwin, „Succession to Property under Igbo Customary Law” Journal of the Law Student Association, (1985).
    Show in Google Scholar -->>
  7. Obioha Emeka E., Inheritance Rights, Access to Property and Deepening Poverty Situation Among Women in Igboland, Southeast Nigeria (paper presentation at a Subregional Conference on Gender and Poverty organized by Center for Gender and Social Policy, Ile-Ife Nigeria: Obafemi Awolowo University, 2013).
    Show in Google Scholar -->>
  8. Ojilere Alloy, „Expanding Women’s Right to Inherit Immovable Property in Igboland Beyond the Limits of Ukeje v. Ukeje” International Journal of Comparstive and Legal Philosophy, No. 2 (2020): 30-36.
    Show in Google Scholar -->>
  9. Oputa Chukwudifu, „Better Protection for Women and Children under the Law” Federal Ministry of Justice Law Review Series, Vol. 6 (1988).
    Show in Google Scholar -->>
  10. Oshianya Lai Oshitokunbo, An Almanac of Contemporary Judicial Restatements With Commentaries, Vol. II. Ikoyi: Almanac Foundation, 2020.
    Show in Google Scholar -->>
  11. Oyajobe Ayo, „Better Protection for Women and Children under the Law”, [in:] Women and Children Under Nigerian Law, ed. Awa U. Kalu, Yemi Osinbajo. Lagos: Federal Ministry of Justice, 1988.
    Show in Google Scholar -->>
  12. Oyelade O. S., „Women’s Right in Africa: Myth or Reality” University of Benin Law Journal, Vol. 9 (2006).
    Show in Google Scholar -->>
  13. http://www.nigerianlawguru.com/articles/human%20rights%20law/WOMEN%92S%20RIGHTS%20IN%20AFRICA,%20MYTH%20OR%20REALITY.pdf.
    Show in Google Scholar -->>
  14. Udoh Oluwakemi D., International treaties on the elimination of gender-based discrimination and women’s property rights in Ogun State Nigeria (An unpublished doctoral thesis, Covenant University 2020).
    Show in Google Scholar -->>
  15. Udoh Oluwakemi D., Sheriff F. Folarin, Victor A. Isumonah, „The Influence of Religion and Culture on Women’s Rights to Property in Nigeria” Cogent Arts and Humanities, No. 1 (2020).
    Show in Google Scholar -->>
  16. Ughegbe Lemmy, „S’Court Upholds Female Child’s Right to Inheritance in Igboland” The Guardian Newspaper, April 15 2014.
    Show in Google Scholar -->>
  17. West’s Encyclopedia of American Law, 2nd ed. Farmington Hills: The Gale Group, Inc., 2008.
    Show in Google Scholar -->>

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