The Nigerian legal system can best be described as a hot-potch of Nigerian legislation, English law, customary law (including Islamic law) and judicial precedents; a system of federal and state courts, legislative power at the federal, state and local government levels, The complex interaction of this multi tiered legal structure which functions simultaneously in conjunction with very significant informal social controls based on gender, ethnicity and religion affects the status of women particularly in marriage. Invariably, a women’s right to property depends on the type of marria
Nigerian women are regarded as chattel, like table, tank, deep freezer, spoon, etc and so they suffer untold hardship resulting in cumulative breaches of their human rights – civil, political, social and economic. This paper will highlight the plight of women in matters of succession under customary law to show that there is no gender equity in this area.
This paper has five sections. The first will develop the normative framework for examining the issues. This framework will focus on the importance of the cultural transformation approach in informing the analysis. The second section will set out the sources of law in Nigeria, particularly focusing on the interaction between the common law, and the customary law and sharia law as the living law of the nation. It will also explain how land and marriage impact upon the bundle of rights that individuals possess regarding inheritance.
Describes what widows go through in Nigeria. Lower status of women; Rarity of remarriage; Right of husband's family over properties and business; Widow traditions; Efforts of the International Federation of Women Lawyers and other groups to improve the Nigerian culture and the widow's status.
This paper examines women's land rights and the challenge of patriarchy in Ozalla community, in a bid to guarantee gender equity and social justice by reducing the level of discrimination and ensuring that women have rights to fertile agricultural land so as to arrest to an appreciable extent the food crisis in the country by improving their production output and ensuring higher incomes.
The writer argues that it has mainly only been through inheritance legislation, not land legislation, that state law has delivered any positive redress as to the relative rights of men and women in land. Even in these cases, this has often been achieved only by court interpretations or administrative directive. The upshot is that in many countries in Africa today, should a woman argue her case forcefully in informal or formal courts, a wife could prevent the sale of land critical to household sustenance and widows may secure the right to continue residing and farming household lands.
This paper considers how the law in Nigeria discriminates against women in respect of the distribution of property on divorce. It also discusses whether international or regional instruments which have been ratified by Nigeria have helped eliminate discrimination against women in this regard.
Land rights are usually conceived of as the rights to use, enjoy and exploit land. Women’s land rights are fragile and transient, being dependent upon age and marital status, whether they had children and their sexual conduct. In spite of the Nigerian Land Use Act (LUA) of 1978, which restructured the property rights system in the country from mixed private property rights system in a collectivist framework, concerns about women’s land rights persist.