Women’s Inheritance Rights in Nigeria: Land, Custom & Justice

“You Can’t Inherit; You’re a Woman”: Land Rights in Igbo and Edo Customs

Introduction 

When Chinyere’s father died, her brothers gathered to share his land. She sat quietly, knowing she would get nothing. Not because she was the youngest or unmarried, but simply because she was born a woman. 

Across parts of southern Nigeria, especially among the Igbo and Edo, this story repeats itself everyday. Land, the backbone of wealth, security, and legacy is passed from father to son, while daughters are told, “You can’t inherit, you’re a woman.” 

These customs, deeply rooted in tradition, clash with modern laws and human rights principles. Despite constitutional guarantees of equality and several court victories for women, cultural resistance remains strong leaving many women shut out of property ownership. 

Women and Land Rights in. Nigeria 

Land is more than soil; it is heritage, economic security, and the foundation of social stability. In many Nigerian communities, land ownership shapes social status, economic opportunity, and the ability to influence community affairs. Yet, under long-standing customary rules, daughters are barred from inheriting family land, regardless of their contributions or needs. 

Igbo and Edo Customs on Inheritance 

Among the Igbo, inheritance is traditionally patrilineal. Land and property pass through the male line. Sons inherit from their fathers, while daughters are expected to marry and gain access to land through their husbands’ families. The practice is tied to the belief that land must remain within the ancestral lineage, guarded by male descendants who will continue the family name. 

In Edo communities, particularly among the Beni, similar customs prevail. Land is often regarded as family property, administered by male elders. Women may cultivate land for farming but are rarely recognised as permanent owners. When a father dies, the eldest son typically assumes control of the estate, distributing land to his brothers while excluding sisters. 

The outcome is the same, women’s access to land is temporary, conditional, and dependent on their relationships with male relatives, a position that leaves widows, single women, and divorced women vulnerable. 

Decided Cases on Women Inheritance Rights and its Judicial Effect 

Ukeje v. Ukeje 

The Supreme Court of Nigeria delivered a landmark judgment affirming women’s constitutional right to inherit property. The case arose when Gladys Ada Ukeje challenged the administration of her late father’s estate under Igbo customary law, which traditionally excludes female children from inheritance. Both the High Court and Court of Appeal ruled in her favour, declaring the custom discriminatory and void. 

On final appeal, the Supreme Court upheld these decisions, citing Section 42 of the 1999 Constitution, which prohibits discrimination based on sex or birth. The Court stressed that no matter the circumstances of a female child’s birth, she is entitled to benefit from her father’s estate.  

While the judgment focused on Igbo custom, its implications extend to other discriminatory customary laws across Nigeria, representing a significant step towards gender equality and the protection of women’s property rights. 

 Anekwe v. Nweke 

The respondent, Mrs Nweke, was married to the late Mr Nweke for many years but had no male children. Following her husband’s death, his relatives claimed that under Nnewi customary law, a woman without a male child could not inherit or remain in her late husband’s property. They attempted to evict her from the matrimonial home and take over the property. 

The matter was brought before the High Court, which ruled in her favour, stating that such a custom was discriminatory, oppressive, and contrary to Section 42(1) and (2) of the Nigerian Constitution. 

On appeal, the Court upheld the decision. The case then proceeded to the Supreme Court, which strongly condemned the custom as “repugnant to natural justice, equity and good conscience”, affirming that women have equal inheritance rights. 

Impact of the Judicial Decisions 

The landmark judgments in Anekwe v. Nweke and Ukeje v. Ukeje significantly reshaped the legal position on women’s inheritance rights in Nigeria. By declaring the Igbo customary law that bars female children from inheriting their father’s property unconstitutional, the courts reaffirmed the supremacy of the Constitution over discriminatory customs. 

They emboldened women to challenge such practices in court, created a clearer legal pathway to justice, and increased public awareness of the conflict between certain customary laws and constitutional guarantees. Civil society organisations now cite these cases in advocacy, and legal aid providers have used them to secure favourable outcomes for women in similar disputes. 

While these decisions are milestones in dismantling barriers to women’s property rights, discriminatory customs persist in many communities, and enforcement remains uneven. Nonetheless, they remain powerful tools in advancing gender equality under Nigerian law. 

Challenges to Implementation 

Despite landmark court rulings affirming women’s inheritance rights, implementation faces persistent hurdles: 

• Cultural resistance: Many in Igbo and Edo communities see such rulings as interference in their traditions, with elders defending discriminatory customs. 

• Low legal awareness: Many women remain unaware of their rights, and local authorities may lack the knowledge or will to enforce them. 

• Limited access to legal aid: Rural communities especially lack affordable or accessible legal support. 

• Social backlash: Women asserting inheritance rights risk ostracism, intimidation, or even violence. 

• Weak enforcement: Even favourable judgments, are undermined by poor enforcement and procedural. 

Bridging Custom and Constitution: Advocacy and Solutions 

For women’s inheritance rights to become reality, more than court rulings are needed.  Change requires both legal enforcement and cultural engagement.  Key strategies include: 

• Legal Literacy Campaigns: Using workshops, radio, and markets to inform women of their constitutional rights and landmark rulings. 

• Expanding Legal Aid: Strengthening pro bono services and mobile clinics for  women
• .

• Engagement with Cultural Gatekeepers: Traditional rulers, elders, and family heads hold significant influence. Constructive engagement can foster gradual shifts in norms, allowing reinterpretation of customs in line with human rights principles. 

• Government Enforcement: Stronger monitoring and sanctions for non-compliance. 

• Community Mediation: Local committees trained in gender equality and human rights, can provide quicker, less adversarial resolutions. 

• Support for Litigants: Women pursuing claims often face ostracism. Financial aid, shelter, and psychosocial support help them withstand backlash. 

Conclusion 

The exclusion of women from land inheritance under Igbo and Edo customs is not merely a cultural practice but a systemic denial of equality, dignity, and justice. Despite constitutional guarantees and judicial decisions affirming women’s rights, discriminatory norms persist, leaving many women economically vulnerable and socially disadvantaged. 

Cases such as Anekwe v. Nweke and Ukeje v. Ukeje demonstrate that Nigerian courts are willing to uphold women’s rights, yet the slow pace of cultural acceptance continues to undermine progress. True change requires more than legal victories; it demands community education, engagement with traditional leaders, robust enforcement of policies, and sustained advocacy.

Only through this combined effort can Nigeria move towards a society where inheritance is determined not by gender, but by justice and equality. 

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By AWJAI Research Team