by Oladokun Omowunmi
In ancient time, women were not allowed to inherit properties, knowing fully well that it is patriarchy society and women’s rights were absolutely limited.
Under Nigerian law, women have the right to inherit properties whether belonging to there father or husband through customary law and English law.
Section 42 of the 1999 Constitution guarantees “ a woman’s right to inherit properties based on no discrimination on sex grounds, making any law, custom, or practice that deprives a person of inheritance solely because they are female is unconstitutional.”
Section 43 of the Constitution: Guarantees “every Nigerian citizen the right to acquire and own immovable property anywhere in the country including women”.
Based on The Marriage Act in Nigeria “Statutory marriage (popularly called a “court/church marriage”) does not naturally gives the wife the ownership of her husband’s property upon the demise of her husband in Nigeria”i.e a woman’s right to inherit her husband’s property in Nigeria depends majorly on whether there is a valid Will.
Section 12 of The Wills Act states that “every will made by a man or woman shall be revoked by his or her marriage”.
The Wills Act also states that “If a husband puts down a Will before his death, his property will be distributed absolutely based on the will except when there is customary law limitations”.
However, In Ukeje v Ukeje (2015) states a woman’s right to inherit from her father’s estate, the Supreme Court of Nigeria ruled that customary laws discriminating against women inheritance is Section 42 of the 1999 Constitution of the Federal Republic of Nigeria. It states that the 1999 constitution is the grund norm and it is supreme over any other customary law.
In Onyibor Anekwe & Amor v Mrs Maria Nweke (2013). The defendant brought this case claiming that according to the customs of the Awka people, a woman inherits the property of her husband regardless of whether she has a male child or not and The Supreme Court of Nigeria held that “any custom that denies women, particularly widows, their inheritance, is repugnant to natural justice, equity and good conscience”
In conclusion, it suffices to state that terms on women inheritance law in Nigeria is conflicting especially the provision of The Wills Act and The Marriage Act but the constitutional provisions which is the grund norm is clear on the matter and it supercedes.
