Inheritance Rights of Childless Widows in Nigeria

INTRODUCTION

In Nigeria, the inheritance rights as well as other rights of childless widows often remain a complex and challenging issue, influenced by a confluence of statutory laws, customary practices, and societal norms. While the position of the statute gives some succor to these women, traditional customs and societal biases often tend to benefit widows with children, who are seen as ensuring the lineage's continuity.

This article aims to provide a comprehensive overview of the legal landscape surrounding inheritance rights for childless widows in Nigeria.

The Legal Framework for Inheritance Rights

Nigerian law offers a framework for protecting inheritance rights. However, it does not explicitly address the specific situation of childless widows.

 Below is a breakdown of relevant sources of Law:

1. English Common Law: The English Common Law is one of the sources of law on inheritance in Nigeria and lends its voice in the areas where there has been no local enactment which would render it unnecessary.

2. Statutory Law: The Matrimonial Causes Act, 1970[1] and the Marriage Act[2] are some of the available statutes on inheritance in Marriage. Statutes provide surviving spouses with inheritance rights in certain circumstances. Under the Marriage Act, both parties are seen as equal partners and are equally entitled to all the property acquired during the subsistence of the marriage[3]

3. Customary Law: Customary law though largely recognized in Nigeria has its application restricted to its level of adherence to natural justice and fairness and its lack of repugnant attributes. [4]Customary law varies considerably across Nigeria's diverse ethnic groups.

Some customary practices grant widows a right to remain in the matrimonial home or inherit a portion of their husband's property. However, these customs can be discriminatory and lack clear guidelines on inheritance shares.

1. Sharia Law(applicable in Northern Nigeria): Sharia law which applies to those who are married under Islamic Law, grants widows a specific share of their deceased husband's estate, typically one-eighth for a childless widow. While this offers some protection, it may not be enough to secure financial security, especially if the estate is not of substantial value.[5]

Factors that Influence Inheritance Rights in Nigeria:

1. Marriage: The type of marriage contracted by the parties plays a crucial role in determining inheritance rights.

A marriage contracted under civil law offers far more protection for the spouse. This is because, under the Marriage Act, the parties are equal partners and are equally entitled to all the property acquired during the subsistence of the marriage. [6]

However, in a marriage celebrated solely under customary law, the rules of the customary law governing the people or the property for inheritance will generally apply. [7]

1. Succession: The type of succession whether intestate, or testate succession is another determinant of the inheritance rights of a spouse.

Where a spouse dies testate, that is, having executed a valid will before death, distribution of the person’s estate falls under the purview of the will and it becomes inconsequential the type of marriage that such spouse had contracted, whether a marriage under the Marriage Act or a marriage under customary Law. The will being executed can then only be subject to the restrictions which are recognized under the Wills Law of such state. [8] For instance in Edo state, the Wills Law of Edo state recognizes the Igiogbe which was referred to in Idehen v Idehen[9] as signifying the property in which the deceased owner of the estate lived till he died. The Igiogbe is said to be reserved for the first son of the deceased and any alienation of such property in contravention of the custom would be rendered invalid.

On the other hand, where a person died intestate, that is, without making a will, without the intervention of marriage under civil law, the matters of inheritance in such a situation would be governed solely by custom.

What is the Fate of the Childless Widow in Nigeria?

The fate of the childless widow will be dependent on the will of the deceased or the law governing the marriage. In our discourse, we shall be examining the fate of the childless widow in the absence of a will:

1. Civil law:

Under Civil law, the fate of a widow remains the same whether she had children or not. The widow is entitled to inherit her husband's property, being an equal partner with the late husband. All the property acquired during the subsistence of the marriage belongs to both spouses equally and upon death of one, the other is entitled to the property.

1. Customary Law: Since there is no uniformity in the rules of custom, we'll consider several customs.

(a)   Efik customary Law: Under the Efik customary Law, widows do not inherit their husband's property. They can be allowed to stay in the late husband's house if they have children and are of good behavior but without entitlement to any form of maintenance except from their children. It goes without saying that under the Efik custom, the childless widow has no right to inheritance[10].

(b)   Ibo Customary Law: Under the Ibo customary law, widows are allowed limited rights to their late husbands’ property. The right is limited in the sense that it is merely possessory rather than proprietary. If they choose to stay in the late husband's house, they are allowed to and where they do, they receive maintenance from the family, and they can rent some parts of the property for income. This also applies to a childless widow. [11]

(c)   Yoruba Customary Law: Under the Yoruba customary law, the qualification for inheritance is blood relations which mostly favour the children, parents, and siblings of the deceased.[12] The widow has no part in the property of her late husband.

Case Studies and Advocacy Efforts

Several cases have highlighted the struggles faced by childless widows in Nigeria and the ongoing efforts to protect their rights. For instance, in the case of Ugbene v. Ugbene & ors (2016),[13] the Court of Appeal ruled against a customary law that prevented a widow and her female children from inheriting their father's property, declaring it discriminatory and contrary to the Nigerian Constitution.

Advocacy organizations and legal aid initiatives have played a crucial role in raising awareness of the issues faced by childless widows and providing support to those seeking to assert their rights. These organizations often work to:

1.     Educate Widows: Providing information about their legal rights and options.

2.     Provide Legal Assistance: Offering legal representation and support in inheritance disputes.

3.     Advocate for Policy Reform: Advocating for changes in laws and regulations to better protect the rights of widows.

Navigating the Legal Landscape

Childless widows in Nigeria may find it challenging to navigate the complex legal landscape surrounding inheritance rights. Consulting with a qualified legal professional can provide invaluable guidance and support. A lawyer can:

1. Analyze Applicable Laws: Identify the relevant statutory, customary, and religious laws that govern inheritance in your specific situation.

2. Assess Your Rights: Evaluate the widow’s entitlements based on the applicable laws and unique circumstances.

3. Negotiate with Family Members: Assist in negotiations to reach a fair and equitable settlement of inheritance disputes.

4. Represent Widows in Court: Where the need arises, a lawyer can advocate for the widow’s rights in legal proceedings.

Conclusion

The rights of childless widows in Nigeria remain a complex and multifaceted issue, influenced by cultural, legal, and societal factors. By understanding their challenges and seeking appropriate legal counsel, widows can take proactive steps to protect their inheritance rights and ensure a more equitable distribution of their deceased husband's estate.

For more information on the rights of childless widows in Nigeria, please feel free to contact us at enquiries@laperitum.com or click here to reach us directly.

[1] Matrimonial Causes Act 1967 (CAP M7 Laws of the Federation of Nigeria, 2009)

[2] Marriage Act (CAP M6 Law of the Federation of Nigeria, 2004)

[3] The Legal Rights Of Spouses In Marriage Under Nigerian, Kate Nkume. Lawhttps://www.google.com/amp/s/lawpavilion.com/blog/the-legal-rights-of-spouses-in-marriage-under-nigerian-law/amp/     <  Accessed on September 20, 2024>

[4] Section 14 Evidence Act, 2023

[5] Further reading Vanessa Emery “ Women's inheritance rights in Nigeria: Transformative practices”

[6] Supra at foot note 3

[7] Supra at footnote 5 & 6

[8] Resolution Law Firm, Overview of Wills Law in Nigeria  https://www.lexology.com/library/detail.aspx?g=a8acaee8-4da0-49c4-bcb5-a39e7dedf211 <Accessed on September 21, 2024>

[9]Idehen v idehen (1991) 6 NWLR (Pt. 198) 382

[10] Succession to, and Inheritance of Property under Nigerian

Laws: A Comparative Analysis, European Journal of Social Sciences.

[11] Supra at 10

[12]Olu Abikoye, “Inheritance Practices in Yoruba Land; A CASE study of the Awori womens’ Inheritance Rights”.

https://www.academia.edu/38927168/INHERITANCE_PRACTICES_IN_YORUBA_LAND_A_CASE_STUDY_OF_THE_AWORI_WOMENS_INHERITANCE_RIGHTS  <Accessed September 20, 2024>

[13] Ugbene v. Ugbene & Ors. (2016) LPELR-42110(CA) (pp 71 – 78 paras E – C).