ABSTRACT

Abstract

Discrimination is apparent in cases involving women’s rights to property under customary rules where, customary rules denies and discriminate women on their rights to own property. In this paper, the author has selected some customary rules which discriminate women against their rights to own and control property. As in Nigeria, the Benin customary law of inheritance, preclude women and children from inheriting a real property, in their rules it permits, the eldest son of a deceased person to inherit everything to the exclusion of all others. Even though, Section 43 of the 1999 Constitution as amended in 2011, guaranteed Nigerian citizens’ rights to own property anywhere in the Country. As in Chiboga in Uganda, they are practicing customary rules which isolate women from community and made to leave on the patches of land kept for rearing animals. The community described such rule as “culture with stick” which pastoral men carry constantly. In Lira of Northern Uganda, the communities are practicing customary rules of women inheritance, where women were forced to live their matrimonial home together with their children upon the death of their husbands, the property of a husband will be inherited by the relatives of the husband. Article 26 of the 1995 Constitution of the Republic of Uganda gave all citizens’ rights to own land. But the above provision is not been followed particularly, when it comes to distribution of an estate of a deceased person under customary law. This paper used Doctrinal legal research by traversing the relevant primary source of information constitutional provisions and case law, policies and Text Books, journal articles, and internet source of material as secondary sources of information throughout the analysis. The author has found that, the laws were not been followed, the women are afraid of taking the relatives of their husband to court and Islamic recognized women’s rights to property than the customary laws. Recommendations: Strict punishment should be provided in the laws of Nigeria and Uganda to punish the offenders; Women should be enlightened to know that they have right to take the relatives of their husbands to court for remedy. Uganda shall amend their law discriminating women’s rights to property particularly Succession Act of Uganda Cap 206 and Nigeria shall enact new law(s) of women’s rights to property and insert affirmative action therein.

 Keywords: Critique; Laws; Protection; Women’s Rights; Property; Nigeria; Uganda.