Women and land acquisition under the law

In Nigeria, despite advancements, amendment in legislation and court judgements, the process of land acquisition for men and women remains different especially when it is acquisition through inheritance which is based on prevailing customs and traditions that still defy education and modern trends.

In spite of the provisions of the law, the patriarchal nature of the Nigerian society makes it difficult for many women to fight for themselves using the protection available under the law to ask for equal rights in distribution of inheritance.

In Nigeria, access of women to family land is limited even when the property is owned by their husband especially if such women don’t have male children. In many ethnic groups in Nigeria cutting across all geopolitical zones, women have a hard time fighting for their right. Example of such cultures include Afizere ethnic group in Plateau State, Atenetnic group and many ethnic groups in the Southeast, southwest and even in the northern part of the country.

Ownership of land transfer in Nigeria, remains dependent on customary practices that discriminate against women, even in the face of existing  statutory laws, somw of which is biased against women like the

Land Use Act that provides that land will be administered at the rural level by traditional structures which are parochial and discriminatory against  women.

The Land Use Act of 1978 gives men and women equal rights to access and own land but because it defines customary rights of occupancy as the right of a person or community lawfully using and occupying land in accordance with customary law and includes a customary right of occupancy granted by a local government under the Act, the culture still limits its effectiveness.

And while the system itself is not gender discriminatory, discrimination exist in some customs and traditions, against the provision of the constitution and global charters. The 1998 draft resolution of the UN Economic and Social Council Commission on the Status of Women identifies land rights discrimination as violating human rights.

The Nigerian 1999 constitution (amendment) also does not discriminate on land ownership, and section 43 of the Constitution permits men and women to own and acquire movable and immovable property. Nigeria has also ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Article 2(c) (d) and particularly (f) of the Convention amplifies the rights of women to inheritance.

Even the Supreme Court had  held that any custom repugnant to natural justice, equity, and good conscience could not stand and any custom or law that conflicts with the freedom of fundamental rights to freedom from discrimination set out in section 42 (1a) (2) of the 1999 constitution is void.

With these provisions, women should start using the law to fight for their rights as the Supreme Court had set a legal precedent when it held that the custom of disinheriting a woman from the property was repugnant to natural justice, equity and good conscience.

The law remains the only legal and acceptable way  for women to fight for their rights.

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