Thesis Abstract

Abstract
Property inheritance in Nigeria is a significant aspect of cultural and legal considerations, especially concerning women's rights. Despite legal provisions and cultural norms that theoretically guarantee women's rights to inherit property, the practical implementation often falls short. This research seeks to explore the challenges faced by women in Nigeria in claiming their inheritance rights, focusing on cultural, legal, and socio-economic factors that contribute to the disparities in property inheritance between men and women. The study will employ a mixed-methods approach, utilizing both qualitative interviews and quantitative surveys to gather data from women in different regions of Nigeria. The research aims to identify the specific barriers that prevent women from inheriting property in Nigeria and analyze the underlying reasons for these challenges. By examining the intersection of cultural traditions, legal frameworks, and socio-economic factors, the study intends to provide insights into the complexities surrounding women's property inheritance rights in Nigeria. Furthermore, the research will investigate the impact of inheritance practices on women's economic empowerment, social status, and overall well-being. Through in-depth interviews with women who have experienced difficulties in claiming their inheritance rights and surveys conducted among different communities, the study will generate empirical data to support its findings. The research will also compare the legal provisions for women's property inheritance in Nigeria with the actual practices on the ground, highlighting discrepancies and areas for improvement. By shedding light on the discrepancies between legal rights and practical realities, this study aims to contribute to the ongoing discourse on women's rights in Nigeria and advocate for policy changes that promote gender equality in property inheritance. The findings of this research are expected to inform policymakers, legal practitioners, and civil society organizations on the challenges faced by women in claiming their inheritance rights in Nigeria. By highlighting the need for greater awareness, enforcement of existing laws, and potential reforms in inheritance practices, the study seeks to contribute to the advancement of women's rights and gender equality in Nigeria. Ultimately, the research aspires to empower women to assert their inheritance rights and challenge the entrenched gender norms that perpetuate inequalities in property ownership.

Thesis Overview

1.1.  Background to the Study

      Property inheritance including the rights of women to property, receives very little degree of attention in different parts of the world.

The girl – child in most traditions of the world according to Ogbuagu in his reviews of gender studies in Nigeria, (2002). Is made to internalize the notion that, the girl is subordinate to male authority and subsequently cannot and should not claim rights with the boy-child. Ogbuagu, further states that, the girl-child is taught to be a good wife and mother in future. In addition the girl child is also perceived and actually made to believe that, she is a tool, an object or a possession to be owned and used to meet the male desires. These discrepancies between the old rules and facts are greater where women are concerned and its most harmful to their interest.

Women’s legal rights to property according to Kenneth (2000) are examined on the background of the law of succession, inheritance and the family its paramount, to point out that no particular attentions has been paid to women in the making of any law in Nigeria (2002). According to her, the constitution of the federal republic of Nigeria 1977, promulgated into law by the military force before they handed over power on the 29th of May 1999 to civilian administration has been generating controversies since its inception. The chief argument against the constitution as argued by Comfort is the imposition of these laws on the Nigerian people by the military. That the constitution does not pass the test of legitimacy and acceptability for it is not a process led participatory and open constitution. She further argues that, the way and manner in which the 1999 constitution. She further argues that, the way and manner in which the 1999 constitution was drafted made it possible especially for women to have any impact whatsoever in it.

This customary law system where the women and her children are denied property and financial provision from the property of her husband’s and father’s upon dissolution of marriage either by divorce or death, exposes them to exploitation and abuse, customary norms are no longer always appropriate and their observation may simply serve to entrap women and children (females) in inferior position.

It is upon this background that the researcher seeks to find out the extent to which women in Kogi state particularly in Ankpa local government area have rights to property inheritance.

1.2.  STATEMENT OF RESEARCH PROBLEM

Traditional beliefs and practices of especially the Ankpa local government area as conditioned by the customary laws have become such serious obstacles militating against the development of women in this area.

A close look at the Ankpa women generally either single, married or divorce reveals that, they have no rights to property when compared to their male counterparts.

A female heir is as good as a property to be inherited and thus, does not argue over her father’s properties with her brothers, a married woman works and owns everything to the husband, she claims no right in the husband’s house. A widow return empty to her parents especially, if she has no male offsprings. These are serious problems militating against women social, economical, political and psychological development and can be conveniently attributed to the sub-servient positions, women tend to accept in the society. This is because a person who is disenfranchised or lacks the right to property to enhance his or her status generally, be it social, political, economical,, educational and so on, remains dependent and often takes the back seat.

These types of situation in which the Igala women in Ankpa local government area face impedes their development processes and greatly affects their quota of contribution to the overall development of the society.

1.3.  RESEARCH QUESTIONS

The research has set to investigate into the above stated problems faced by property inheritance and the position of women in Ankpa local government area as regards property rights.

What defined these rules, its implication on women and the way out, to achieve this, the following questions will guide the research.

i.           How are property inheritance defined in Ankpa local government area.

ii.           What is the position of women with regards to property rights in Ankpa.

iii.         What are the factors responsible for this?

iv.         What are the implications of property inheritance or rights as defined by customary laws for social and economic development of women?

v.         What measures are required to maintain women in the development process of Ankpa local government area?

1.4.  OBJECTIVES OF STUDY

The aims of this study are to find out how property inheritance has been shared and why property inheritance has been shared and why women under the Ankpa tradition and customary laws have no rights to property. How these affect women generally and proffer probable suggestion on the way forward.

The following will be the specific objectives of this work.

To examine the definition of property inheritance in Ankpa local government area.

To determine the position of women with regards to property inheritance or rights in Ankpa

To determine the factors responsible for this

To ascertain how property rights as defined by Igala customary law has affected the socio-economic development of women.

To proffer suggestions on how women could be mainstream in development processes.

1.5.  SIGNIFICANCE OF THE STUDY

This research is aimed at understanding property inheritance as been defined by the igala customary laws in Ankpa local government area.

The research also aimed at determining the position of women with regards to property inheritance in Ankpa. And to provide solutions to the problems of women with regards to inheritance, rights and contribution to national development.

1.6.  DEFINITION OF CONCEPTS

The concepts to the defined in this research includes:

·       Property

·       Inheritance

·       Rights

·       Customary laws

Property: Property is anything, object or rights, that can be owned. It can be said, also to be something of value that is owned, for instance Land.

Inheritance: Inheritance is any object, money or a title that can or has been inherited or is to be inherited.

Rights: rights is said to be entitlements to certain kinds of treatment based on one’s status. Right can also be a justified cliam or entitlement or the freedom to do something.

Customary Laws: Customary laws are usually unwritten and derives from actual practices of a place, society or nation over time.

WOMEN AND PROPERTY INHERITANCE IN NIGERIA