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.
The paper examines the legal effect of economic and social rights in Nigeria and relates this to the property rights of women in the capacity of a daughter, a wife and a widow. It argues that the property rights of women in its practical manifestation does not actualise economic and social rights in Nigeria. The discourse makes recommendations towards the reform of Nigerian property law in this area.
Based on an interview with Josephine Nzerem, a leading Nigerian women’s rights activist, this article argues that African women must become more interested and involved in their husbands’ and fathers' financial activities to protect their inheritance and property rights which key to female economic empowerment.
This article covers the ibos, the Tivs, the Idoma and Beroms of Nigeria. The author offers various definitons of customary law and then examines customary practices like payment of bride price, widowhood practices, property rights wife inheritance , etc and how they affect the enjoyment of of fundamental human rights of women.
In this paper the authors argue that ownership without independent rights is in the final analysis, no ownership at all and make the case for independent land rights for women. In the case of Muslim women who already enjoy (nominal) rights to own land, they argue for independent rights in order to enable them to be in a position to make decisions on the use, disposal and acquisition of this resource. For non-Muslims without ownership rights, they argue that demands for ownership have to go hand in hand with independent rights on matters of usage and disposal (i.e. control).