Across the globe, inheritance is the primary pathway to land ownership, with customs and traditional norms heavily influencing inheritance rights across different regions. In Nigeria, particularly, despite legal provisions for equal access, a deeply entrenched patrilineal system continues to favour men over women in land inheritance. This disparity has created a stark gender gap in land ownership – while 17% of men own land independently, less than 2% of women hold sole land titles.[i]

The status of women’s inheritance and property rights in Nigeria presents a complex interplay between relevant statutes, native law and customs, and religious tenets. This analysis examines the current legal framework governing women’s property rights in Nigeria, focusing on relevant statutory provisions, customary laws, the challenges that persist despite these provisions, and recommended actions for reform.

Relevant Legal Framework

1. The Constitution: The 1999 Constitution of the Federal Republic of Nigeria, being the grundnorm, provides the foundational basis for property rights in general. It guarantees that all citizens, including women, have the right to acquire and own immovable property anywhere in the country.[ii] This right is considered a fundamental human right that must not be violated by any person, law, religion, or custom. The Constitution also prevents governments from compulsorily acquiring the properties belonging to citizens except in the manner and for the purposes prescribed by law.[iii] Additionally, Section 42(1) of the Constitution prohibits discrimination on grounds of sex. It further stipulates that no citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of their birth.[iv]
2. Marriage Act: The Act provides a regulatory framework for the formation and celebration of statutory marriage in Nigeria.[v] In addition, the Act safeguards spousal property rights[vi] and guarantees widows’ rights to inherit under intestacy rules.[vii]
3. Wills Act and Laws of the various States: Various States of the Federation have enacted their Wills laws. The law guarantees testamentary freedom regardless of gender. A major example is the Wills Law of Lagos State, 2004.
4. Administration of Estates Laws: The law governs the distribution of estates under statutory marriage where a spouse dies without a valid and encompassing will or no will at all.[viii] In Lagos, the Administration of Estates Law, 2015, is in force. The law provides for equal distribution among children regardless of gender. The surviving spouse and children of the deceased are above any other persons entitled to the inheritance of a deceased, regardless of gender. It prioritizes surviving spouses in the order of succession and persons entitled to administer the estate of a deceased spouse.[ix] This position has been upheld by the Court of Appeal in the cases of Williams v. Ogundipe[x] and Salubi v. Nwariaku[xi]
5. Customary Laws: The repugnancy doctrine was introduced into Nigeria through the received English laws, becoming part of our legal system as a result of our colonial heritage. This doctrine prescribes that the courts shall not enforce any customary law rule if it is contrary to public policy or repugnant to natural justice, equity, and good conscience. The Courts have held, at numerous times, that “a customary law, which is repugnant to natural justice, equity and good conscience is not recognizable as law and cannot be applied; for a customary law to be recognized and applied in our Courts, it must pass the repugnancy test.”[xii]

In Ukeje v. Ukeje[xiii], the Supreme Court held that the Igbo customary law excluding female children from inheritance is unconstitutional as such discrimination violates Section 42(1) of the Constitution. Thus, female children have equal inheritance rights as male children. The court stated:

“No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate […] Consequently, the Igbo customary law which disentitles a female child from partaking in the sharing of her deceased father’s estate is in breach of Section 42(1) and (2) of the Constitution.”

Furthermore, in Nzekwu v. Nzekwu[xiv], the Supreme Court held that a widow has the right to occupy her deceased husband’s property. She cannot be evicted by her husband’s family. This right exists regardless of whether she has male children. In Mojekwu v. Mojekwu[xv], the Court of Appeal declared that a custom barring women from inheriting land is repugnant to natural justice and that such custom violates CEDAW (Convention on Elimination of Discrimination Against Women). Thus reiterating that women have equal rights to inherit and own land under our laws.

• Islamic Law (Sharia): As one of the sources of law applied by the courts in Nigeria to regulate relationships, especially by and among adherents of the Islamic faith, the Sharia is applicable in states that have adopted it. The Quran and Hadith are the primary sources of Sharia law. The law recognizes women’s right to inherit property and provides fixed shares for female heirs. For instance, daughters inherit half the share of sons.

Challenges in Enforcement and Implementation Gaps

Women continue to face significant gender-based disparities despite legal frameworks protecting their rights. Key challenges include unfavourable cultural practices, unequal access to land, wage gaps, limited access to legal resources, and other economic barriers. These barriers intersect to perpetuate gender inequality, particularly in resource control and economic opportunities for women. While laws may guarantee equal property rights, customary practices often prevent women from effectively claiming or managing land assets.

A typical example of this is the Land Use Act, which is applicable all over the country. The Act provides for the grant of the statutory right of occupancy in urban lands by the state government, while the customary right of occupancy is granted by the local government for rural land. In Nigeria, where transfer of land ownership is still largely guided by customary practices that discriminate against women, the Land Use Act by this gives land powers at the rural level to traditional structures that discriminate against women. Due to this, as most rural communities are still patrilineal, family/communal lands are most often transferred to men.

According to some female farmers in a 2022 interview conducted by the Daily Trust, traditional practices favor male land ownership.[xvi] While referring to a traditional custom of the Aten ethnic group in Ganawuri, Riyom Local Government Area of Plateau State, North-Central Nigeria, where widows are dispossessed of land when their husbands die, one of the farmers said, “our people do not transfer land to women”. “In my culture, women do not inherit from their fathers; only men do. And even if the men are ‘gracious’ enough to part with a portion of their inheritance, it would not be land. The men share the land among themselves,” she added.

Conclusion

While Nigeria has made significant progress in protecting women’s inheritance and property rights through legislation and judicial decisions, challenges remain in implementation and enforcement. The landmark decisions in Ukeje v. Ukeje and Mojekwu v. Mojekwu demonstrate the judiciary’s commitment to upholding constitutional principles of equality, but continued effort is needed to ensure these rights are realized in practice. A harmonized legal system that provides a clear statutory framework for inheritance, stronger enforcement mechanisms, improved access to justice, community engagement programs, and support for advocacy groups are some recommended actions for reform.

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[i] See “Inside Nigeria’s harmful traditional practices that impede women’s rights to land ownership”, by Lami Sadiq, Daily Trust Newspaper, Sun 10 Jul, 2022 4:40:57 WAT. Accessed via: https://dailytrust.com/inside-nigerias-harmful-traditional-practices-that-impede-womens-rights-to-land-ownership/ 12/11/2024

[ii] Section 43 of the Constitution Federal Republic of Nigeria, 1999 accessed via https://www.constituteproject.org/constitution/Nigeria_1999#s673 12/11/2024

[iii] Section 44 Ibid

[iv] Section 42 (2) Ibid

[v] Marriage Act (Cap M6 LFN 2004)

[vi] Section 35 Marriage Act

[vii] Mrs. Alero Jadesimi v. Mrs. Victoria Okotie-Eboh & Ors. (1996) LLJR SC

[viii] Section 49 (5) Administration of Estates’ Law of Lagos State, 2015

[ix] Section 49 (1) Administration of Estates’ Law of Lagos State, 2015

[x] (2006) ALL FWLR pt. 327 at page 540

[xi] (2003) LPELR-2998 (SC)

[xii] OYENIYI & ORS v. BUKOYE & ORS (2014) LPELR-22683(CA)

[xiii] (2014) LPELR-22724(SC)

[xiv] (1989) 2 NWLR (Pt. 104) 373

[xv] (1997) 7 NWLR (Pt. 512) 283

[xvi] See Endnote (i) above

Written by Olusola Olufemi for The Trusted Advisors

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