ABSTRACT
Before the enactment of formal laws in Nigeria, there existed customary laws and traditional practices which started as behavioral norms and later grew to be widely accepted by the communities and became law, even though they were largely unwritten. Thus, the Nigerian customary laws have been in existence from time immemorial and finds expression in the day to day way of life of the people.
Without doubt, these customary laws play vital role in the general and everyday way of life of the people of Nigeria, some of these laws and traditional practices can no longer withstand constitutional scrutiny. With regards to inheritance rights, customary laws provide for ways in which a deceased person's properties could be distributed, however, most of these laws did not make provision for women in the distribution of the deceased's estate especially with regards to landed properties and every form of realties, so much so that where a man dies without having a son, his brothers inherits his estate.
Available literature on women’s right to inheritance to have placed emphasis on the perpetuation of customary practices as a deprivation of the fundamental rights of women. This research will focus on the right of women to inheritance in Nigeria and how these rights have in most cases been violated by customs, traditions and patriarchal principles which are still prevalent in many parts of Nigeria today. Using analytical and doctrinal methods of research, this study evaluates the persistence of customary laws and traditional practices against women. It is contended that these practices do not only constitute flagrant breach of the rights of women, but affects their psychological and social wellbeing. Consequently, it is suggested that more stringent enforcement mechanisms be put in place to protect the rights of women to inheritance. This can be achieved through legislative reform by ensuring that communities that carry out obnoxious practices are brought to justice.
