AN APPRAISAL OF WOMEN’S RIGHTS TO INHERITANCE UNDER THE BINI CUSTOM IN THE LIGHT OF THE LEGAL FRAMEWORK FOR TESTATE AND INTESTATE SUCCESSIONS IN NIGERIA

Abstract

An Igiogbe is the house where a Bini man lived, died and usually in most cases is buried. It devolves absolutely without any contradiction on his eldest surviving son as soon as the burial rites are performed and completed by him (in rare instances supported by family members) in accordance with the Bini Customary burial rites. The work examined and appraised women’s rights to inheritance under the Bini custom: vis a vis legal framework for testate and intestate succession in Nigeria, intestate succession, testate succession, and individual ownership of property. Thereafter, it examined Igiogbe inheritance in Bini kingdom and all other issues and matters arising from, bothering on and relating to this concept. The clamor for gender equality as constitutionally provided for by the Constitution of Federal Republic of Nigeria, and by most international and regional instruments has led to the asking of some fundamental questions which were sufficiently answered in this work. The work is concluded with some recommendations, mass enlightenment campaigns being mounted by the Ministry of Women Affairs at both the Federal and State levels to enlighten the people about the hardship and injustice which discriminatory customary laws impose on women and that any customary law that is discriminatory against women should be declared invalid on the grounds that it is unconstitutional and repugnant to natural justice, equity and good conscience.