first wife
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emphasized. It is only through a concerted action that the desired
dejure and de facto changes can be achieved.
Research
Conducting intensive and well-documented research into
womens realities with respect to inheritance laws and practiceswill provide the much-needed information to embark on
advocacy for change.
Conclusion
The legal and regulatory environment for womens rights
to inheritance are not sufficient and the few legislations that exist
show lack of commitment to gender equity in inheritance rights.
Also, the laws and practices governing inheritance and successionunder customary law is very discriminatory and, therefore,
constitute a major obstacle to the achievement of equality
between men and women. Even the Islamic system that appears
to be the most just under customary law does not give equal
rights to inheritance to daughters and wives. Social justice
demands that both forms of marriage should be given equal
treatment, moreso, when both marriages are recognized under the
law as valid. Nigerian government also is a signatory to CEDAW
and should keep to its signatory obligation as a state party. In
particular, section 2(f) which placed an obligation on the
government to take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations,
customs and practices which constitute discrimination against
women should be implemented. Similarly, the African Charter
on Human and Peoples Rights in section 18 (3) stipulates that
the State shall ensure the elimination of every discrimination
against women and also ensure the protection of the rights of thewoman and the child as stipulated in international declarations
and conventions. This also should be implemented.
Joy Ezeilo, LLM (Lond) B.L.
Faculty of Law,
University of Nigeria,
Enugu Campus.