THE RIGHTS OF FEMALES TO INHERIT UNDER NIGERIAN CUSTOMARY LAWS: HOSTILE FACTORS EXOGENOUS TO CUSTOMARY LAWS

Abstract

Research female rights to inherit was found to have been concentrated on customary laws that hindered women from being co-heirs with their male counterparts in matters of claims for inheritance; and where such cultures allowed, women share of inheritance was found to be less than their male counterparts. No works have paid particular attention to the attitude of women and other parties that have been inimical to the inheritance rights of women. This work explored the religious factors, courts’ attitudes among other things that are fertile grounds that allow women to be discriminated against in inheritance claims. The study combined the doctrinal and empirical research methods to achieve its aim. Juristic works in textbooks and journals; case law and statutes were consulted to attain its goal. The study, additionally, employed interview method in its search for information. It was the finding that female heirs have to overcome the fear of blackmail, intimidation; and courts must do away with religious sentiments in their application of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN) and declare Islamic Law tenets void as in the cases of other rules of customary laws found to be unconstitutional. The work found the legal framework set for the actualisation of the inheritance rights of females but the challenge remains the attitudes of some persons/institutions. This work recommended, inter alia, that women rights groups socialise females in the matter of claims of their inheritance rights.