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DISCRIMINATORY INHERITANCE PRACTICES AND THE RIGHTS OF WOMEN IN NIGERIA* 

 

Abstract  

In some ethnic groups in Nigeria, daughters and wives are prohibited from inheriting the landed property of 

their deceased fathers and husbands. Considering the huge economic value currently placed on real estate, the 

poverty of women could be alleviated if they can be allowed without discrimination, to deal on family’s real 

estate equitably. Arguably, the male members of the family most often than not, engage in sale of the inherited 

properties as a result of which they become billionaires overnight. What is good for the goose is good for the 

gander. This article examined the discriminatory nature of inheritance rights of women in Nigeria. The 

methodology of the paper is doctrinal in collecting and analyzing data from primary and secondary sources. 

This study discovered that practice of male primogeniture is prevalent in Nigeria and that there is a general 

discrimination and violation of women’s right to inherit even in light of the plethora of court decisions which 

have heavily condemned the practice as being an infringement on the fundamental rights of women as enshrined 

in Chapter iv of the Constitution of Nigeria 1999 (as amended) and other relevant international and regional 

laws. This study made some recommendations which includes but not limited to the following: Wills should be 

made so that the testators share their properties amongst the beneficiaries, in doing so, some discriminatory 

inheritance practices against women can be avoided.  Statutory marriages should be conducted in addition to 

the customary marriage ceremonies because the law protects the wife and children of a statutory marriage as 

opposed to customary marriages as the spouse is given priority in administration of the deceased estate or 

better still, customary marriages should be upgraded to the status of statutory marriage. 

 

Keywords: Women, Inheritance, Nigeria, Male Primogeniture, Discrimination 

 

1. Introduction  

Cultural and religious practices which divest the property of a deceased man to only the male members of his 

family, leaving out the wives and daughters though have been criticized by several scholars and held by the apex 

Court in Nigeria to be discriminatory against women,1 these customs continue to abound. Customs where a 

woman’s late husband’s properties have been forcefully divested to the husband’s brother because she was 

unable to give birth to a male child, have been condemned by both the court,2erudite scholars and the society at 

large, but these practices have not ceased to exist, In a bid to answer the question of how the law which is an 

instrument of social engineering, contributed in the management of these challenging issues relating to the 

inheritance right of women, the researcher found it pertinent that some relevant Statutes, both domestic and 

international laws, including case laws relating to the succession rights of women be considered. These Laws 

has been made over time to address the issues bothering on women rights globally. The Supreme Court has in 

recent times considered the issue of the succession rights of women in several cases like the cases of Mojekwu v 

Mojekwu,3Ukeje v Ukeje4 and Anekwe v Nweke.5 It is pertinent that these laws continue to be emphasized to 

illustrate their usefulness in challenging discriminatory inheritance practices against women. 

 

2. Definition of Terms 

Some reoccurring terms are defined in the context in which they are used in this Study. The Researcher adopts 

the definitions herein, as follows: 

 

Inheritance 

Inheritance is defined by the Black’s Law Dictionary6 as Property received from an ancestor under the Law of 

Intestacy or property that a person receives by bequest or devise. Okpalaobi and Okaphor7  defined Inheritance 

as ‘The practice of passing on property, titles, debts, rights and obligations upon the death of an individual’.  

 
*By Beatrice Nkechi OKPALAOBI, LLB (Hons), BL, LLM, PhD, Professor of Law, Faculty of Law, Nnamdi Azikiwe 

University, Awka, Anambra State Nigeria. Tel: 08034700544; and 

*Chinelo Ruth AKORAH, LLB (Hons), BL, LLM Candidate, Faculty of Law, Nnamdi Azikiwe University, Awka, 

Anambra State Nigeria. Tel: 08162450546, Email: akorahchinelo@gmail.com 
1 See, Mojekwu v Mojekwu (1997) 7 NWLR (Pt 512) p.283; Ukeje v Ukeje (2014)11 NWLR (pt 1418)384; (2014)4 S.C; (Pt. 

1)1) ; (2014) LPELR 22. 
2Anekwe v Nweke (2014) 9 NWLR (pt 1412) 393.SC; (2014) 4 S.C. (PT. III) 65. 
3Mojekwu v Mojekwu (n 2). 
4Ukeje v Ukeje(n 2). 
5Anekwe v Nweke (n 3). 
6 B A Garner, Black’s Law Dictionary, 10th ed (Thomas Reuters, St Paul MN, West Publishing co; 2014), 



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Discrimination 

It defined by the Black’s Law Dictionary as the effect of a law or established practice that confers privileges on 

a certain or that denied privileges to a certain class because of race, age, sex. 

 

Right 

According to Ogbu,8 Right in the noun form means that to which a person has a just and valid claim, whether it 

be land, a thing, or the privilege of doing something or saying something. 

 

3. Types of Inheritance Law in Nigeria 

The laws governing inheritance in Nigeria can be divided into two broad types namely: Testate and Intestate.9 

 

Testate Inheritance  

When a man dies, the devolution of his self-acquired property depends upon whether or not he has made a will. 

If he has made a will, the property will devolve according to the direction contained in the will, and the 

succession is described as testate. If he has made no will, or has made one which at his death has become totally 

inoperative, he is said to die intestate, and the devolution of his property will be governed entirely by the rules 

of law prescribing the order of succession upon intestacy, this was held in the case of Chukwu v Okoh.10In 

Nigeria there is no uniformity of applicable law relating to Wills. Some states have created their Wills Laws, 

like the Wills Law of Lagos State, 1990, the Wills Law of Oyo State, 1990, the Succession (Estate of Deceased 

Persons) Law, Cap. 4 Revised Laws of Anambra State 1991 and Enugu State Administration of Estate law, 1991 

are laws governing succession in these states, although both Anambra and Enugu Law cover testate and 

intestate. Section 140 of Anambra State Administration and Succession (Estate of Deceased Persons) Law, 

stipulates the way and manner a valid will should be executed as it concerns Anambra State in particular. 

Section 3(1) of the Wills Law, 1958 provides that real or personal estate which cannot be disposed by the 

applicable customary law cannot be disposed by will. For instance, the un-partitioned family land in which the 

testator has no demarcated interest11 cannot be disposed by will.  As it is the position of several customary laws 

in Nigeria, the house wherein the testator lived and dies cannot be disposed by a will.12  However this was 

otherwise decided by the Court of Appeal in the 201413 case of Okafor v Okafor14considered sections 136, 137 

(1), 138 (1) and 164 (1) of the Administration and Succession (Estate of Deceased Persons) Law of Anambra 

State, 1991 and held that section 137 (1) of the Administration and Succession (Estate of Deceased Persons) 

Law of Anambra State contains no qualification or limitation to the testator’s capacity to make a will or the 

property to be devised.  

 

Intestate inheritance  

Generally, when a person dies without a will, the type of marriage contracted by the intestate person is the factor 

which determines which system is to apply,15either conducted under the Marriage Act or under customary law. 

Intestate inheritance basically involves the application of three systems of law, which are: the Common law, the 

Administration of estate laws of various states and customary law.16 

 

 
7B N Okpalaobi and E F Okaphor, ‘Revisiting the case of Ukeje v Ukeje viz a viz Igbo Customary Inheritance’ (2017) (6) 

(4) NG-journal of social Development, 84. 
8 O N Ogbu, Human Rights Law and Practice in Nigeria, (2nd Revised Ed. Vol. 1, 2013, Snaap Press Ltd)1. 
9P O, Itua ‘Legitimacy, Legitimation and Succession in Nigeria: An Appraisal of Section 42(2) of the Constitution of the 

Federal Republic of Nigeria 1999 as amended on the Rights of Inheritance’ [2012] 4 (3) Journal of Law and Conflict 

Resolution, 31-44. 
10 (2016) LPELR-42117(CA). 
11EI Nwogugu, Family Law in Nigeria (3rd edition, HEBN Publishers Plc. 2014) 399. 
12 See Idehen v Idehen (1991)6 NWLR (Pt. 198). 
13 We await a confirmation or otherwise from the Supreme Court. 
14(2014) LPELR-23561(CA). 
15Itua (n 10) 35. 
16Ibid; M A Bello, ‘Principles and Practice of Succession under Customary Law’, A paper delivered at the National Judicial 

Institute on 22nd March, 2017, P 2. 



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Intestate inheritance under the Marriage Act or Statutory Marriage 

In a case of Marriage conducted under the Act, it is the indigenous law, i.e., the law of the state of origin of the 

deceased that determines the law by which his estate will be distributed. See the cases of Mgbodu v 

Mgbodu17and Nebuwa v Nebuwa,18 On how to prove a statutory marriage, in the case of  Anyaegbunam v 

Anyaegbunam19The Supreme Court said that the production of the original or certified copy of a Certificate of 

Marriage either under Section 32 of the Marriage Act, or under Section 80 of the Matrimonial Causes Decree 

1970 is not the only way to prove a marriage: thus, where there is evidence of a ceremony of marriage having 

been gone through followed by the cohabitation of the parties, everything necessary for the validity of the 

marriage will be presumed in the absence of decisive evidence to the contrary.20 By virtue of section 35 of the 

Marriage Act, every customary marriage conducted with another person during the pendency of a statutory 

marriage is invalid and void ab initio as was held in the case of Mgbodu v Mgbodu.21 

 

Intestate Succession under Customary Law 

For every rule of customary law to be valid, it must satisfy three tests of validity; a) The Repugnancy Test, b) 

Incompatibility Test, c) Public Policy Test. 

 

Repugnancy Test: The Repugnancy Test seeks to uphold natural justice, equity and good conscience.22Section 

18(3) of the Evidence Act23 provides as follows: ‘In any judicial proceeding where any custom is relied upon, it 

shall not be enforced as law if it is contrary to public policy, or is not in accordance with natural justice, equity 

and good conscience.’ See the cases of Eleko v Government of Nigeria.24and Ojiogu v Ojiogu. 

 

Incompatibility Test: For a rule of customary law to be valid and enforceable, it must not be incompatible, either 

directly or by implication with any law for the time being in force.25 The validity of customary law is subject to 

the Constitution of Nigeria.26 The Constitution is the supreme law in Nigeria27 it is on this basis that every other 

law gain validity including customary law.28In the case of Ukeje v Ukeje29 the Court held the male 

primogeniture rule to be incompatible with Section 42 of the Constitution. 

 

Public Policy Test: Public policy means decisions that will ensure the security and welfare of the individual and 

the State in general.30 This has the ability to change overtime for instance a shift in public policy occurred in the 

context of inheritance of property by illegitimate children.31 Any custom contrary to public will not be enforced. 

The repugnancy, incompatibility and public policy tests are measures taken to protect the sanctity and sanity of 

customary law in Nigeria,32 which has been predominantly useful in cases of customary law of succession in 

Nigeria.33 It is no gain saying the fact that Nigerian customary law of intestate succession generally 

discriminates against women34 therefore these tests are of great necessity. 

 
17(2018) LPELR-43770(CA). 
18 (2018) LPELR-45097(CA). 
19(1973)1 A11 NLR (part 1) p. 385 at 386. 
20 Obiekwe v Obiekwe (1963) 7 ENLR 196. 
21(2018) LPELR-43770(CA). 
22O Aladetola, ‘Analysis of the Nigerian Supreme Court’s Constitutional Duty Regarding Women’s Inheritance Right under 

Customary Law,’ A Thesis submitted in Partial Fulfillment for the Award of a Masters Degree submitted to the Faculty of 

Law University of Cape Town, 2017, 18. 
23 Evidence Act 2011. 
24 (1980) 3 NILR 14; Okpalobi and Okaphor. (n 8)86. 
25Ibid. 
26 Section 1(3) Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010 (Act No 3). 
27 Ibid Section 1(1). 
28 Ibid Section 315. 
29 Ukeje v Ukeje(n 2) 
30Okpalaobi and Okaphor (n 8)86. 
31 1999 Constitution (n 27) Section 42(2)  
32Aladetola (n 23)20. 
33 See the cases of Mojekwu v Mojekwu (supra) Ukeje v Ukeje (supra); Anekwe v Nweke (supra). 
34I P, Enemo, ‘Customary Law of Succession and the Rights of Women in Nigeria: Need for Reform; A paper presented at 

the International conference on philosophy and the Law in African on the 12th of June 2004. P 6. 



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Intestate Succession under Igbo Customary Law 

Customary law of succession among the Igbos is generally primogeniture; this means succession by the eldest 

son, known as Okpala, Diokpala or Diokpa.35 The real Property of the deceased vests on his eldest son and it is 

his duty to manage and administer such a property for the benefit of himself and his brothers and half-brothers.36 

The eldest son inherits as of right, the late father’s dwelling house, obi.37In Ugboma v Ibeneme,38 it was held 

that in accordance with the general Igbo custom women are not entitled to inherit land from their father.39 Under 

Igbo customary law, daughters and wives do not have that right to succeed to their deceased father’s or 

husband’s estate. A female cannot be the family head no matter her seniority in the family. In some Igbo 

customs, where an intestate dies without sons, brothers, or father, his estate is inherited by his eldest nearest 

paternal male relation, this practice is known as Iriekpe Custom, and such relation is known as ‘Oriekpe.’40 It is 

certain that by Igbo customary law, a widow is entitled to live as a member of the family in her late husband’s 

compound until she re-marries or dies, see Nezianya v Okagbue.41 In order to protect this right the husband’s 

heir has no power to dispose of the matrimonial home which is occupied by the widow. However, her right in 

this respect is subject to good conduct. The customary laws are silent as to what the tests to determining her 

good conduct are, and who will be the best judge of same. This is subject to abuse and tends towards putting the 

widow at the mercy of her deceased husband family member. The Court in Nzekwu v Nzekwu,42maintained the 

same position after 20 years has passed,43 holding that the interest of the widow in the house is possessory and 

not proprietary so that she cannot dispose of it. A widow of a deceased person has no right to succeed to his 

estate. Under the general customary law of the Igbos, the only situation where a daughter can inherit is where 

she chooses to remain unmarried in her father’s house with a view to raising children in her father’s home44and 

in his name.45 This is known as ‘Nrachi’ or ‘Idegbe’ institution.  There is no gainsaying that the law of 

Succession under the Igbo customary law is largely discriminatory against women.  

 

Intestate Succession under Yoruba Customary Law 

According to Yoruba Native Law and Custom, if an individual dies intestate, his children both male and female 

succeed to the estate as a single entity to the exclusion of other relations. The eldest son known as Dawodu 

inherits the responsibility for the management of the estate. In Sule v Ajisegiri46 it was held that the partition 

must be equally between those entitled regardless of sex. Thus, the defendant’s claim that being a male he was 

entitled to a larger share was rejected. The eldest son however wields the power to manage the estate of the 

deceased person. He holds the property in trust for the other members of the family. The institution of the title of 

a Dawodu which is exclusive to the eldest male child is a form of inheritance which creates discrimination 

especially where the first child is a female. Explaining the rational for maintaining male trusteeship or 

primogeniture the Court in the case of Lewis v Bankole47 held that female children get married and move to their 

husband’s family thus will not be able to handle the affairs of the estate effectively. This decision of the learned 

judge is debatable and subject to criticism, in that being married does not affect the right of women to manage 

the property of the family. In the case of Lopez v Lopez 48Combe J. held that originally women were not equal to 

men on the issue of inheritance, however, women now have equal rights to inherit like male children. In Salami 

v Salami49 the Court held that the Plaintiff’s right to inherit her father’s estate along with her two brothers was 

 
35J, Ezeilo, ‘Laws and Practices relating to Women’s Inheritance Rights in Nigeria: An Overview’ (2000) Occasional 

working Paper Series: Women’s Aid Collective. P 142; B A Oni, ‘Discriminatory property inheritance rights under the 

Yoruba and Igbo customary law in Nigeria. The need for Reform’ (2014) 19(2) 10SR Journal of Humanities and social 

science (10SRJHSS) 34; Enemo Op.Cit, P. 10. 
36Ibid. 
37 Nwafia v Ubah (1966)1 All NLR 8; Ezeokafor v Ubah (1975)1 UILR 162. 
38 (1967) F NLR 25. 
39Ejiamaike v Ejiamaike (1972) 2 E.C. SN.L. R at 11. 
40Udensi v Mogbo (1976) 7 SC 1. 
41 (1963) 1 All NLR 352. 
42(1989) 2 NWLR (Pt. 104) 373. 
43Ezeilo (n 36)143. 
44Ibid; Enemo (35)10. 
45 Oni (n 36) 35. 
46 13 N.L.R. 146. 
47 (1909) 1 NLR 82. 
48  (1924) 5 NLR 50. 
49  (1924) 5 NLR 43. 



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not diminished by the fact that she is a girl. In Richardo v Abal 50 not only did the Court accept the proposition 

that a female child has inheritance rights, but it went further to hold that when a man dies leaving two house and 

two children, male and female, the female if older has the first choice as to which house she wants if the 

property is eventually partitioned.  Unfortunately, in the Yoruba customary law of succession, a wife has no 

right to succeed to her deceased husband’s estate, and where there are no children of the marriage, the property 

of the estate will devolve on the members of the deceased’s family unless property given to a wife is proved to 

be an outright gift it will pass on the husband’s death to the husband’s family, she has no right of inheritance 

whatsoever. The wife under Yoruba Native Law and Custom is said to form a part of the estate of her husband, 

see Suberu v Sunmonu51. The reason for depriving a wife of succession rights in the deceased husband’s estate 

according to Beckley, J. in the case of Sungunro-Davies v Sungunro-Davies,52 was because devolution of 

property under native law and custom follows the blood, and a widow not being related by blood has no claim. 

This of course is discriminatory against women. 

 

 

Islamic Law of Succession 

Universality of Islamic precepts applies in Nigeria.53 This was restated by the court in the case of Aikamawa v 

Bello and Anor.,54 thus: ‘Islamic law is not same as customary law as it does not belong to any particular tribe. It 

is a complete system of universal law, more certain and permanent and more universal than the English 

Common Law’.55Enemo56 stated that the Islamic laws are regards as part of customary law in areas where they 

apply. Mohammed57 is of the opinion that Islam is one of the early comers in the restoration of the right and 

dignity of women. He referred to the Qur’an, Chapter 3 verse 195 of same, where the equality of women to men 

was highlighted. Chapter 3 verse 195 of the Qur’an provides thus: ‘Their Lord responded to thee ‘I never fail to 

reward any worker among you for any work you do, be you male or female, you are equal to one another.’58 

The Right of Succession under Islamic Laws is set out in the Qur’an.59 If a Moslem dies intestate, his estate 

must be shared among his heirs entitled to share his estate under Moslem law. His male children must have 

equal shares and the female children half-share each. These shares are contained in the Qur’an, particularly 

chapter 4 verse 11-12 and 176, again, this unequal distribution is discriminatory against women. 

 

4. Legal Framework for the Inheritance Rights of women 

 

Constitution of the Federal Republic of Nigeria 1999 (as amended) 

Section 42 of the Constitution prohibits discrimination on grounds of sex and affirms a legally enforceable right 

to equality of all persons. It provides as follows: 

42. (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, places of origin, sex, religious or political opinions are not made subject; 

or  

(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.  

(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the 

circumstances of his birth. 

 

 
50  (1926) 7 NLR 58. 
51 (1957) 2 FSC 31. See also Akinnubi v Akinnubi (1997) 2 NWLR (Pt. 486), P. 144 at 156. 
52  (1929) 2 NLR, 79. 
53A Mohammed, A paper presented at the Nigerian Bar Association Annual General Conference 2019, Section on Family 

and Children’s Right, on the 27th day of August, 2019. P.1. 
54 (1998) LPELR – 424 (SC). 
55 Per Wali, JSC. P.15, Paras A-B. 
56Enemo, (n 35) 9. 
57 Mohammed (n 54)1. 
58 Emphasis supplied. 
59Nwogugu (n 12) 413. 



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It is therefore an infringement on her fundamental right to freedom from discrimination when a woman is 

deprived of a share of her father’s property or her husband’s property only because she is a woman. 

 

Violence against Persons (Prohibition) Act, 201560  

Section 15 of VAP Act, 2015 provides that a person who subjects a widow to harmful traditional practices 

commits an offence. Such person on conviction is liable to imprisonment for a maximum period of 2 years or a 

fine not exceeding N500.000.00 or both.61 A person who attempts the offence, a person who incites, aids, abets 

or counsels another to commit the offence and a person who receives another who had committed the offence 

are all liable on conviction to imprisonment or fine or both. Section 20 of the VAP ACT provides for a penalty 

against a person who carries harmful traditional practices against another. The VAP Act is a geared to, amongst 

other things, protect the inheritance right of women. 

 

Anambra State Malpractices against Widows and Widowers (Prohibition) Law No. 2005  

This law prohibits and penalises the maltreatment of widows and widowers in order to uphold and preserve the 

dignity of the human person as entrenched in the Constitution. Section 3 of the Law provides that the 

fundamental human rights as enshrined in the Constitution are inalienable and accrue to every widow or 

widower. Section 4 (1) protects the property interests of widows (and widowers). This law also protects women 

in Anambra State from discriminatory inheritance practices. 

 

Prohibition of Curtailment of Women’s Right to share in Family Property Law No. 2 of 2022 of Rivers 

State 

This law abolishes the prevalent customary practices in Rivers State that female children are not to share in 

family property. Women have been called to use the protection provided by the law to stand up for their rights 

and challenge any discrimination against them court.62In signing the bill into law, i.e., the ‘Rivers State 

Prohibition of the Curtailment of Women’s Right to Share in Family Property Law No. 2 of 2022,’ Governor 

Nyesom Wike said he couldn’t comprehend why it is considered a taboo in many parts of the state for female 

children to share in their family inheritance. Four sisters on 29th March, 2023 in Port Harcourt became the first 

beneficiaries of the Rivers State Prohibition of the Curtailment of Women’s Rights to Share in Family Property 

Law No. 2 of 2022 as a Port Harcourt High Court ruled in their favour in a case between them and their three 

brothers. The sisters approached the High Court seeking the interpretation of some sections of the 1999 

Constitution as amended, as well as sections of the Rivers State Prohibition of the Curtailment of Women’s 

Right to Share in Family Property Law No 2 of 2022. In the judgment delivered on Wednesday, 29th March 

2023 Justice Chukwu asked the defendants to pay the four women N72-million as damages and also publish an 

apology in a national newspaper and two local tabloids, and then proceed to reshare the estate to accommodate 

them adequately.63 

 

 

African Charter on Human and People’s Rights (Ratification Enforcement) Act64 

On 17 March 1983, Nigeria’s National Assembly passed the African Charter on Human and People’s Rights 

(Ratification Enforcement) Act to enable effect to be given in the Federal Republic of Nigeria to the African 

Charter on Human and People’s Rights made in Banjul on the 19th day of January 1981.65 Although the Courts 

 
60 VAP Act, 2015. 
61 In section 17 of the VAP. Law of Anambra State, 2017, the term of imprisonment is a maximum period of 7 years for a 

person who subjects a widow to harmful traditional practices. 
62H B Ibunge, ‘Wike Promotes Women Participation in Family Inheritance’ Thisdaylive (Portharcourt, 16 September 2022) 

<https://www.thisdaylive.com/index.php/2022/09/16/wike-promotes-women-participation-in-family-inheritance>accessed 

on 8 February 2023. 
63A Okonkwo, ‘How Abel sisters won family inheritance case’ Tribuneonline (Portharcourt, 14 April 2023) 

<https://tribuneonlineng.com/how-abel-sisters-won-family-inheritance-case/> accessed 5 September 2023. 
64  Cap A9, LFN 2004. 
65Preamble, African Charter (Ratification and Enforcement) Act; V O Ayeni, ‘The impact of the African Charter and the 

Maputo protocol in Nigeria’ in Businessprint, Pretoria (ed), The impact of African charter and the Maputo protocol in 

selected African states (Pretoria Law Press (pulp) 2016),186. 

https://www.thisdaylive.com/index.php/2022/09/16/wike-promotes-women-participation-in-family-inheritance
https://tribuneonlineng.com/author/amaechi-okonkwo/
https://tribuneonlineng.com/how-abel-sisters-won-family-inheritance-case/


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have held that the African Charter is not above the Constitution,66 they have affirmed its superiority67 over other 

laws.68Article18 (3) provides that ‘the State shall ensure the elimination of every discrimination against women 

and also ensure the protection of the rights of the woman and the child as stipulated in international declarations 

and conventions.’  By virtue of article 18(3) of the Africa Charter which has been domesticated as article 18(3) 

of the African Charter (Ratification and Enforcement) Act, Nigeria has an obligation to ensure the elimination of 

discrimination and protection of women as stipulated in international declarations and conventions, some 

authors are of the view that article 18(3) makes CEDAW for instance applicable to all states parties to the 

African Charter irrespective of their ratification status under CEDAW. It is further submitted that even the 

Maputo protocol could be considered part of the African Charter under this provision. This creative 

interpretation may be resorted so where a litigant in Nigeria intends to rely on an undomesticated provision of 

the Maputo protocol.69 African Charter therefore secures women from discrimination in terms of inheritance. 

 

Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) 1979 

In Article 5(a) of CEDAW, State Parties commit themselves to take all appropriate measures to: 

Modify the social and cultural patterns of conducts of men and women, with a view to achieving the elimination 

of prejudices and customary and all other practices which are based on the inferiority or the superiority of either 

of the sexes or on stereotyped roles for men and women.  Article 13 provides that: ‘States Parties shall take all 

appropriate measures to eliminate discrimination against women in other areas of economic and social life in 

order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family 

benefits. Article 15 of CEDAW provides that: 

1. States Parties shall accord to women equality with men before the law. 

 2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same 

opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts 

and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. 

 

CEDAW touches squarely on the issue of women’s right. This international convention though not yet 

domesticated, can be cited as a law providing against discrimination of women in the issue of inheritance. See 

18(3) of the Africa Charter 

 

5. Supreme Court pronouncements against Discriminatory Inheritance Practices in Nigeria  

 

Mojekwu v Mojekwu70 

The Court held that the Oli Ekpe custom was repugnant to natural justice, equity and good conscience and 

consequently refused to enforce such custom. Furthermore, the Court declared the custom invalid for infringing 

on a fundamental human right against discrimination guaranteed by the constitution.71 It emphasized that this 

custom conflicts with the provisions of the right to own property as guaranteed by the 1999 constitution. It also 

declared the customary law invalid for infringing on the provision of the Convention on the Elimination of all 

Forms of Discrimination against Women (CEDAW).72 In Mojekwu v Iwuchukwu73 Mojekwu appealed to the 

Supreme Court which unanimously dismissed the appeal.74 

 
66A Atsenuwa ‘National Legislations, Policies and Practices Congruent and Incompatible with the Provisions of the 

Convention on Elimination of all Forms of Discrimination (CEDAW) and the Protocol to the African Charter on Human and 

People’s Rights on the Rights of Women in Africa,’ in A M Imam (ed), Adopting Women’s Human Rights Legislation in 

Nigeria: A Synthesis Analysis & Report (InfoVision Limited, 2010), 102. 
67N Moodie, ‘Denial of Inheritance Rights for Women under Indigenous Law: a Violation of International Human Rights 

Norms,’ A Thesis submitted in part fulfilment of the requirements for the degree of Master of Laws at the University of 

South Africa. December 2000, 26. 
68Abacha v Fewehinmi (2000)6 NWLR (PT.660)228. 

 69Ayeni (n 75)188. 
70Mojekwu v Mojekwu (n 2). 
71 1999 Constitution (n 27) Section 42  
72Aladetola (n 23)34. 
73 (2004) 18 NSCQ, P.84. The widow had died and was substituted by her step daughter. 
74Enemo (n 35)15. 



African Customary and Religious Law Review (ACARELAR) 4 (2023) 

 

94 

 

Ukeje v Ukeje75 

In the case of Mrs. Lois Chituru Ukeje and anor v Miss Gladys Ada Ukeje  the Supreme Court affirmed the 

decisions of both High court and Appeal court and ruled that the said Igbo native law and custom that disentitles 

female from sharing in their late father’s property is discriminatory and is void as it conflicts with section 42(1) 

and (2) of the constitution.76 

  

Anekwe v Nweke77 

In Anyibor Anekwe and Anor v Mrs. Maria Nweke (2014)78the Supreme Court Per. Ogunbiyi JSC, held that for a 

widow of a man to be thrown out of her matrimonial home, where she had lived all her life with her late 

husband and children, by her late husband’s brothers on the ground that she had no male child, is indeed very 

barbaric, worrying and flesh. It is repugnant to natural justices, equity and good conscience.  

 

6. Conclusion and Recommendations 

In Africa, there is a general discrimination against wives and daughters in terms of inheriting their family 

property. This is especially where the deceased husband or father died intestate, that is, he made no valid Will as 

at his death. We commend the several laws enacted to protect and preserve the succession rights of women, we 

must however state that where the head of a family distributes his property equitably in a valid Will, the females 

are to a greater extent saved from the application of some discriminatory laws, especially customary law.  

Section 42 of the 1999 Constitution, though provides against discrimination of every form, has not been potent 

enough to solely curb or even reduce the incessant discriminatory practices hurled on women in recent times. 

The long-aged issue of male dominance continues to rear its ugly head. We must however continue the fight for 

justice and equity for the female folks. The following measures may be relevant: 

i. The making of valid will should be encouraged and advocated for. If the deceased had left behind a 

will some victims,’ predicament could have been avoided. A decease through a valid will can share his 

properties even to his wife. In so doing, some discriminatory succession practices against women can 

be avoided. 

ii. Statutory marriages should be conducted in addition to the customary marriage ceremonies because the 

laws offer better protection to the wife and children of a statutory marriage, as they take priority. 

iii. There is need to domesticate some international law relating to women like the Convention on the 

Elimination of all Forms of Discrimination against Women (CEDAW), Protocol to Africa Charter on 

Women’s Right and other International and Regional instrument providing for the rights of women.  

iv. The role of Judicial activism is continuously needed and encouraged so as to keep churning out more 

judgements against discriminatory customary laws on succession no matter whose ox is gored. Judges 

should be active in dispensing justice and challenging the status quo. 

v. Women who are victims should be assisted to seek redress by Non-governmental and government 

organizations, financially and otherwise. 

vi. The Challenge of long and expensive litigation should be tackled. For instance, the case of Ukeje v 

Ukeje and Anekwe v Nweke lasted over 30years before the Supreme court judgments.  

vii. There should be consistent advocacy and enlightenment on the various laws protecting women from 

discriminatory customary laws through Radio jingles, T V shows, Fliers and Billboards, Seminars and 

Trainings, open air advocacy at market places, in church, mosques, school, ‘August meetings’.  

viii. Formal Education for girl children should be encouraged and Child bride discouraged, so the women 

will be enlightened as early as possible and equip themselves, mentally, physically and financially to 

contend any form of discrimination against them. 

 

 
75 (2014)11 NWLR (Pt. 1418)384. 
76 Per Bode Rhodes – Vivour JSC PP 33 – 34. 
77 2014) 9 NWLR (pt 1412) 393.SC; (2014) 4 S.C. (PT. III) 65. 
78(2014) 9 NWLR (pt 1412) 393.SC; (2014) 4 S.C. (PT. III) 65. 


