A CRITICAL APPRAISAL OF INTESTATE SUCCESSION AND WIDOWHOOD RIGHTS IN NIGERIA WITH PARTICULAR REFERENCE TO CUSTOMARY LAW

Author: ESOMBI- Enaohwo Hilda

Abstract

This research work is a critical appraisal of Intestate Succession and widowhood rights in Nigeria with particular reference to customary laws. The aim of this work is to identify problems associated with widows rights to inherit their husbands’ properties under African customary laws and laws of intestate succession and their impact on the right of women. The research offers suggestions and to make recommendations with a view to ameliorating these problems. The dissertation will aim to explore the existing laws protecting the rights of women and widows in particular. The research work will also look at the prevailing customs and norms obtainable in our society today and how far these laws have gone in changing the status quo of things. Chapter one outlines the background of the study, how the mere constitutionally guaranteeing of Human rights have not been able to protect the widows as their rights are actually being violated with impunity. Notwithstanding such clear constitutional guarantees. In the concluding Chapter Five, recommendations have been made at different levels to address these issues which if accepted will add to knowledge and a way forward on this prevailing social ill. Culture, like law is dynamic and therefore must reflect the current need of the people for meaningful and sustainable development. At the end of this research work, the researcher hope to bring the prevailing status of widows in our society to the fore and point out the advancement made so far but still highlighting the need for more advancement. The researcher posits that Court cases involving widows and their deceased husband’s families can be referred to Multi Door courthouses for expedited resolution. This method will provide the most equitable way of solving the issue while protecting the rights of the widow with the results achieved at a faster pace, and without any ill feeling associated with the “Victor” and “Vanquished” set up of ordinary court cases fought from beginning to end.

Supervisor: Dr. A.O. Giwa