Legal Pluralism and Women’s Property Rights in Anambra State: Conflict Between Customary Law and Statutory Rights

📖 ABSTRACT/OVERVIEW

This research investigates the conflict between customary law practices and statutory protections regarding women's property rights in Anambra State, Southeast Nigeria. Customary law in many Igbo communities traditionally prohibits widows and daughters from inheriting family land and property, a practice that directly contradicts the Married Women's Property Law, the Administration of Estates Law, and constitutional equality provisions under Section 42 of the 1999 Constitution. The study is anchored in the legal pluralism framework, which acknowledges the simultaneous operation of multiple legal systems and their often-conflicting effects on individual rights. A qualitative research design is employed, utilizing in-depth interviews with widows, family law practitioners, traditional rulers, and judicial officers in Awka, Nnewi, and Onitsha. Court records involving property inheritance disputes decided in Anambra State courts from 2020 to 2024 are also analyzed. Findings reveal that courts frequently defer to customary practices rather than enforcing statutory property rights for women, particularly in matters heard before customary court judges. The study argues that this judicial deference perpetuates discrimination against women and violates Nigeria's obligations under CEDAW. Recommendations include judicial training on gender-sensitive property rights adjudication, community education campaigns, and legislative amendments to expressly prohibit discriminatory inheritance customs. Keywords: legal pluralism, women's property rights, customary law, Anambra State, inheritance.

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Departments# Human Rights Law