Whither Women’s Right To Family Property?

As Nigeria continues to grapple with gender inequality, a critical issue that has long been overlooked is the right of women to family property. The significance of this topic cannot be overstated, as it affects millions of women across the country who are denied their rightful inheritance due to discriminatory cultural and social norms. The law passed by the Rivers State Government aimed at addressing this injustice is a step in the right direction, but its implementation and impact remain to be seen. In this topic, one question has continued to seek an answer to no avail. Will women’s rights to family property wither away, or will they finally receive the recognition and protection they deserve?
In Nigeria, women’s rights to family property have been historically limited by cultural and social norms that prioritise male inheritance. Pre-colonial Nigerian societies were largely patriarchal, with property ownership and inheritance passing through male lines. Women were often seen as chattels, with no independent rights to land or property. Colonialism introduced new legal frameworks, but these reinforced existing gender biases. The British colonial administration’s introduction of the “Native Law and Custom” perpetuated patriarchal norms, solidifying men’s control over property. Post-independence Nigeria saw minimal changes. The 1978 Land Use Act, for instance, gave state governors control over land distribution, often favouring men. Patriarchal traditions did not help matters as men are seen as heads of households, with women as dependents.
Customarily, many ethnic groups have laws which exclude women from inheriting property while most religious beliefs and interpretations tend to reinforce gender inequality in property rights. Women, who assert property claims face ridicule and ostracism. In some clime, women’s limited access to education and employment makes them financially dependent on men.These norms have led to women being denied inheritance, limited access to land and property, increased poverty and vulnerability, capping it up with perpetuation of gender inequality. In an effort to address these injustices, the Rivers State Government signed the Rivers State Prohibition of the Curtailment of Women’s Right to Share in Family Property Law No. 2 of 2022, aimed at protecting women’s rights to family property. Key provisions include; equal inheritance rights for women, protection from disinheritance, right to consent in property transactions, access to land and property registration and establishment of a gender and development department
By the provisions of this law, Rivers women should have the right to equal ownership and control of property, inheritance of ancestral property, protection from forced marriage and property grabbing, increased economic empowerment, and enhanced social status. Unfortunately, despite the passage of this, Rivers women still face barriers to land-sharing. In a report compiled by Elfredah Kevin-Alerechi, a journalist with The Colonist Report Africa, “women in Rivers State have continued to struggle for land, despite the Prohibition of the Curtailment of Women’s Right to Share in Family Property Law No. 2 of 2022. Recall that at the time of the law’s passage, the International Federation of Women Lawyers, FIDA, stated that the new law would allow women in Rivers State to fully realise their potential and inherit their entitlements, while also paving the way for discrimination to be challenged in court.
According to Elfredah, it is surprising to note that some community leaders are yet to comply with the law, directly or indirectly resisting the changes brought about by the law, and slowing its impact. She quoted a respondent as saying “the government doesn’t have the right to force us to give land to our daughters because the daughters will eventually get married,’ “if a woman is given property in her father’s house, it means she will benefit more than the male because the property of her husband also belong to her”. However, it is more worrisome to discover that women on their own part may not have come to the full awareness of the enormous power the passage of such law has weilded into their hands. Study has revealed that many women are not aware of their rights under the law, or may not know how to claim them. This is as some women face barriers in accessing education and legal assistance to navigate the legal process and deep-rooted patriarchal norms and stereotypes continue to influence attitudes and behaviours, hindering the law’s effectiveness.
This present reality possibly suggests that the passage of Prohibition of the Curtailment of Women’s Right to Share in Family Property Law No. 2 of 2022 has not significantly eliminated the historical discrimination women in Rivers State face concerning access to and inheritance of land. Although it could be argued that the law is relatively new, and it may take time for its effects to be fully realised, the truth is that no matter how long the law may have been in existence, adequate implementation and enforcement remain key.It is essential to address these challenges through continued advocacy, education, and support to ensure the law achieves its purpose and women’s rights are protected. Addressing these challenges is crucial to ensuring the effective implementation of the law and promoting gender equality in Rivers State.

Sylvia ThankGod-Amadi