THE ECONOMIC AND POLITICAL IMPORTANCE OF WOMEN'S RIGHT OF INHERITANCE UNDER IBIBIO CUSTOMARY LAW
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Abstract
This research examines the economic and political importance of women's right of inheritance under Ibibio customary law in Nigeria. The study aims to analyze inheritance practices across four major Nigerian ethnic groups (Ibibio, Efik, Igbo, and Benin), evaluate constitutional and judicial protections for women's inheritance rights, and identify barriers to implementing these
rights. The research employed doctrinal methodology, analyzing primary sources including the 1999 Constitution, Supreme Court decisions, and statutes, alongside secondary sources such as journal articles, textbooks, and reports. Major findings reveal that all four ethnic groups operate under patrilineal inheritance systems that systematically exclude women from property ownership. The Ukeje v Ukeje (2014) Supreme Court decision declared discriminatory customary practices unconstitutional under Section 42 of the Constitution. However, a significant gap exists between legal protections and social practice, particularly in rural communities where traditional authorities prioritize customary norms over statutory law. Economic vulnerability, educational disparities, religious beliefs, and inadequate enforcement mechanisms perpetuate discriminatory practices. The study recommends comprehensive state legislation domesticating the Ukeje judgment, expanded legal aid services for women, public education campaigns, engagement with traditional and religious leaders, judicial capacity building, and sustained monitoring of inheritance practices. True reform requires coordinated action by government, civil society, traditional institutions, and communities to transform
constitutional rights into lived reality for Nigerian women
rights. The research employed doctrinal methodology, analyzing primary sources including the 1999 Constitution, Supreme Court decisions, and statutes, alongside secondary sources such as journal articles, textbooks, and reports. Major findings reveal that all four ethnic groups operate under patrilineal inheritance systems that systematically exclude women from property ownership. The Ukeje v Ukeje (2014) Supreme Court decision declared discriminatory customary practices unconstitutional under Section 42 of the Constitution. However, a significant gap exists between legal protections and social practice, particularly in rural communities where traditional authorities prioritize customary norms over statutory law. Economic vulnerability, educational disparities, religious beliefs, and inadequate enforcement mechanisms perpetuate discriminatory practices. The study recommends comprehensive state legislation domesticating the Ukeje judgment, expanded legal aid services for women, public education campaigns, engagement with traditional and religious leaders, judicial capacity building, and sustained monitoring of inheritance practices. True reform requires coordinated action by government, civil society, traditional institutions, and communities to transform
constitutional rights into lived reality for Nigerian women
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