📖 ABSTRACT/OVERVIEW
The intersection of customary law and constitutional human rights guarantees in Nigeria creates significant legal tensions, particularly in areas of family and succession law where indigenous customs discriminate against women. Igbo customary law in South East Nigeria has historically excluded women from inheriting family land and property, a practice that came before the Supreme Court of Nigeria in the landmark Ukeje v Ukeje decision of 2014 and subsequent cases. This study examines the legal status of female inheritance rights under Igbo customary law in Anambra State, evaluating the constitutional compatibility of exclusionary inheritance customs and the judicial responses to such challenges. A doctrinal research methodology is applied, reviewing the 1999 Constitution's equality and anti-discrimination provisions, the application of customary law in Anambra State courts under the Anambra State Customary Court Law, the Ukeje decision, and subsequent High Court and customary court decisions from 2014 to 2023. The study analyses the doctrine of repugnancy as applied to discriminatory customary practices. Available customary law literature from South East Nigeria identifies continued application of inheritance exclusions at customary court level despite Supreme Court precedent as the most critical implementation gap. The Repugnancy Test in customary law jurisprudence and the CEDAW inheritance rights standards provide the analytical framework. Recommendations address customary court judicial training, legislative codification of inheritance equality, and community legal education. Keywords: customary law, female inheritance, Igbo customary law, Anambra State, human rights.
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