Appraisal of the Right of Women to Inheritance in African Society under Customary Law

Despite the Clear and unambiguous provisions of Section 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended 2011), which prohibits the discrimination of women on the ground of sex or gender, and most international and regional instruments some of which have been adopted and ratified by some Africa countries including Nigeria, Nigeria is bedeviled with some systems of customary laws that cut across almost all the ethnic groups disallowing women from inheriting their father’s house or their deceased husband. In the case of the customary law of inheritance in Delta state of Nigeria, many other tribal communities practice where women are viewed as part of the husband’s chattel to be shared. This article adopts the doctrinal method on the sources of the law and the interpretation and analysis of relevant conventions and regulations through critiquing existing legal tools on the subject of women's inheritance under African indigenous law. This article seeks to enlighten the readers on the challenges that women in Nigeria face as a result of discriminatory customary practices. This article explores inheritance laws in Nigeria, with a focus on women's rights and potential gender bias. It examines whether women have the right to inherit property from deceased male relatives, examining their treatment under customary, statutory, and Islamic law. Furthermore, it evaluates the socioeconomic effects of women's empowerment while reviewing implemented measures and analyzing recent judicial decisions. The article concludes with recommendations for legal reforms.