AN EXAMINATION OF THE LEGAL PERSPECTIVE OF CUSTOMARY LAW MARRIAGE IN RIVERS STATE

ABSTRACT

This research work is a critique of the discriminatory cultural practices and women’s rights among the Igbos of South-East Nigeria. It examines the general principles and rules of intestacy under Nigerian customary law, appraised the specific modes of inheritance among the various tribes in Nigeria especially the Igbo Customary law of intestacy, and the judicial and legislative interventions in the customary law of intestate succession in Nigeria. It discovers that the various systems of intestacy under Nigerian customary law are in dire need of urgent reforms as these systems have become obsolete and are no longer in tangent with the changing society. The Constitution has to a large extent assuaged the successional disabilities that exist under customary law by prohibiting discrimination. This also shows that the courts have not hesitated to declare any obsolete custom relating to intestacy repugnant to natural justice, equity and good conscience. Also, international laws which affect intestacy under customary law indirectly are examined. This study recommends the amendment of Section 3(1) Wills Law, unification of Family Law, legislative/Affirmative Intervention, extension of Legitimacy Act to apply to Customary Law, restatement of Customary Law, statutory Enactment on the Duties of the Family Head, domestication of International Laws and involvement of Religious and traditional leaders.