THE PROTECTION OF WOMEN’S RIGHTS IN NIGERIA: AN APPRAISAL OF JUDICIAL INTERVENTION ON WOMEN AND INHERITANCE

THE PROTECTION OF WOMEN’S RIGHTS IN NIGERIA: AN APPRAISAL OF JUDICIAL INTERVENTION ON WOMEN AND INHERITANCE

Abstract

Women’s rights has imperatives for women’s inheritance in Nigeria today. This is pronounced as women’s rights to own property in Nigeria, particularly in the 21^st century, is still controversial due to diverse reasons which are mostly rooted in customary practices. The causes of this form of discrimination includes; high level of illiteracy, the nature and practices of customary laws, inequality of social-economic benefits, courts inactivity in discouraging local customs that are repugnant to natural justice, equity and good conscience amongst other issues. This paper therefore examines the challenges of enforcing women’s rights, particularly as it customary laws. It appraises the various customs in Nigeria viz-a viz Yoruba, Igbo, and Hausa Customs. It also examined the decisions of the Supreme Court on women’s right to property in Nigeria and concludes that although the Statutes prevents the discrimination of women due to various factors, women’s rights are still far from achieved in Nigeria today. Finally, it recommends that customs, being the living pattern of a group of persons should be reformed in line with the adopted conventions which are more desirable and deliberate awareness of fundamental human rights as a whole in regards to inheritance

Keywords: Women, Rights, Nigeria, Discrimination, Inheritance, & Customs.

1.0       INTRODUCTION

Human Rights are regarded as first generation rights and are provided for in the constitution,^[1] they are mostly referred to as fundamental rights. These fundamental rights are explicitly stated in Sections, 33-40 of the 1999 constitution as amended.^[2]Fundamental rights are rights which stand above the ordinary laws of the land, and which are antecedent to the political society.^[3]

Women rights are protected under a wide range of international and regional instruments including declaration and covenants. Human rights declarations represent a commitment by signatory countries to meet stated human rights standards. Covenants, also known as treaties or conventions, are international law agreements entered into by governments. Once covenants or treaties are ratified they become part of domestic law.

Some of the rights accrued to a citizen of Nigeria are enumerated below;

1. Right to Life,^[4]

(1)  “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

This section of the constitution has been largely criticized on the basis that in many countries in the world do not accept capital offence as a norm in a civilized society. The right to life was stressed in the case of BELLO v. A.G OYO STATE,^[5] in this case the deceased appellants people appealed on his execution by the Oyo State Government on the ground of his conviction at the Court of first instance, while his appeal was still pending. The Supreme Court rebuked the Oyo State Government for not allowing the appeal to come to an end before the execution.^[6]

2. Right to Freedom from Discrimination,^[7]

(1)  “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is  such a person;

(a)  Be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, and places of origin, sex, religious or political opinions

(b)  Be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions.

(c)  No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.

(d)  Nothing in subsection (1) of this section shall invalidate any law by reason nly that the law imposes restrictions with respect to the appointment of any person to any office under the State or as a member of the armed forces of the Federation or member of the Nigeria Police forces or to an office in the service of a body, corporate established directly by any law in force in Nigeria.”

In regards to the above provisions, Nigeria is a country with diversities and to achieve any form of unity, the use of the word discrimination has to be eradicated. It is still observed that customary laws in Nigeria practice discriminatory acts which are forbidden by the 1999 Constitution (as amended). This is illustrated in the case of MOJEKWU v. MOJEKWU[8] where the courts made attempts to reverse the discriminatory Igbo custom that women could not inherit farmland.

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* LL.M, LL.B (Hons.), B.L. ACIArb. United Kingdom and Lecturer, Department of Public and International Law,

College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria. Email:oyeajigboye@gmail.com

** Research Assistant, and formerly of the College of Law, Afe Babalola University, Ado Ekiti, Ekiti State, Nigeria.

[1] 1999 Nigeria Constitution of the Federal Republic of Nigeria(as amended)

[2] Ogugua V.C.I., “Human Rights and Fundamental Freedoms: A must know” in Arinze-Umobi Carol & Ogugua V.C. Ikpeze, Gender Rights Law in Nigeria(1) [Folmech Printing and Publishing Co. Ltd, Anambra State, Nigeria, 2008]65-122 at 65

[3] Ibid, 81

[4] S33, 1999 Nigeria Constitution of the Federal Republic of Nigeria(as amended)

[5] S33(1), 1999 Nigerian Constitution of the Federal Republic of Nigeria( as amended)

[6] Ogugua V.C. I., Op.cit at 84

[7] S42, 1999 Nigeria Constitution of the Federal Republic of Nigeria (as amended)

[8] (2000) 5 NWLR (Pt657) at 413

THE PROTECTION OF WOMEN’S RIGHTS IN NIGERIA: AN APPRAISAL OF JUDICIAL INTERVENTION ON WOMEN AND INHERITANCE

Chapters: 1 - 5
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Number of Pages: 85

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