JUDICIAL ACTIVISM: A CATALYST FOR GENDER EQUALITY IN INTESTATE SUCCESSION

Abstract

The supposition that the role of the judiciary extends beyond ordinary interpretation of law to making laws through judicial activism is indeed true. This is largely owed to the inadequacy of laws, which have sometimes created a leeway for injustice. The court, being the last resort of the common man, have more often than not come to the rescue of aggrieved parties, thereby expanding the horizons of the law. On the other hand, gender equality has been a contentious subject matter within the context of intestate succession. This article considers how judicial activism has shaped the legal debacle of gender equality in matters of intestate succession. The study highlights how entrenched patriarchal customs and statutory ambiguities perpetuate discrimination against women, widows, and daughters in matters of inheritance, despite constitutional guarantees of equality and non-discrimination. This article adopts a doctrinal research methodology in analyzing legal statutes, case law, and customary practices to interrogate gender inequality in intestate succession within Nigeria’s plural legal framework. Key findings indicate that judicial activism has played a critical role in addressing these entrenched inequalities. The courts, by interpreting constitutional and international human rights principles, have invalidated several discriminatory customs and affirmed the inheritance rights of women in landmark decisions such as Mojekwu v Mojekwu and Ukeje v Ukeje. Furthermore, the judiciary has demonstrated a balanced approach by upholding equitable customary practices, such as the Yoruba Idi-Igi principle, which promotes fairness in the distribution of estates in polygamous families. Nevertheless, challenges persist due to inconsistent enforcement, lack of legislative reform, and continued societal resistance to change. The article concludes that while judicial activism has been indispensable in promoting gender equality in intestate succession, sustainable progress requires comprehensive legislative action and broader societal engagement. It recommends that legislative bodies enact clear and equitable succession laws in line with constitutional and international standards, and that traditional and community leaders be included in reform initiatives. Public education and advocacy by civil society are also essential to foster acceptance of gender-equal inheritance practices. Ultimately, a collaborative effort among the courts, legislature, and society is necessary to achieve lasting justice and equality in Nigeria’s succession regime.