The Ibos are one of the greatest and most important ethnic communities in Nigeria, who live mainly in the South-Eastern part of the country. Several historical accounts tracked Igbo ancestral traditions to the proto-Benue group, who migrated from the fantastic lakes and mountains of East and Central Africa around 5000 BCE. The Ibos speak different versions (dialects) of the Igbo terms and share a typical culture portrayed by various traditions, practices and customs. Pre-modern Igbo societies were quasi-democratic; ruled by republican consultative assemblies of elders. To a larger extent, this system of government guaranteed its individuals equality; as opposed to the feudal system of administration operated in most other areas of Western world Africa.
Nevertheless, some documentary evidence show gender biases favourable to men in the talk about of socio-political and religious roles and privileges in the localized patrilineal composition of Igbo society. Types of these discriminatory techniques include the exclusion of women from taking part in age groups that have been a major device for political actions in Igbo societies and the denial of rights to carry traditional titles which bestow regulators to perform spiritual ceremonies or go laws that may provide access to patrilineal, spiritual, and financial resources (particularly land). These traditions have continued to get the assent of indigenous Igbo areas and finds manifestation in customary laws under the Nigeria legal system. This system has persisted to perpetuate asymmetric electric power relations between women and men.
Research Questions
Overall, the study will make an effort to determine the impact of the practice and administration of customary regulations of inheritance on gender inequality in contemporary Igbo (Ibo) society by giving answers to these specific research questions:
To what scope does indeed the practice of inheritance in the Igbo customary law impinge on the livelihood and security of women in Igbo society?
What will be the shows of the salient features of the practice in contemporary Igbo contemporary society?
To what amount does the Igbo custom of inheritance echo local and global requirements on equal position of women?
Rationale for the Study
The rationale for this study stems from disparities between your program of 'law firms' customary legislations' and the practice of 'people's customary law'. This discrepancy tends to undermine the potency of their state legal system in addressing gender inequalities. This task is more pronounced in the intricate and pluralistic framework of the Nigeria legal system. It becomes imperative to explore the possibility of legal reforms and pragmatic insurance plan options which could better align common rules incentives with those of customary laws.
Research Methodology
This analysis will adopt a theoretical methodology, which would involve critical overview of important scholarly literature on conceptual issues in legal theory, constitutional developments in British isles colonial Africa, the Nigerian legal system, customary and religious laws, and will invoke a multidisciplinary strategy towards reaching satisfactory goals on issues of gender equality. This newspaper would also use descriptive and analytical solutions to review constitutions, legislation and circumstance law relevant to the subject subject. Basically, it'll apply the desktop library method.
Literature Review
The centrality of legislation in colonial administration was confirmed by the early advantages of the British legal system among the first equipment of British expert in Nigeria. This technique comprised companies and norms of the English legal system, which experienced very unique historical and ethnic origins from the traditions and indigenous systems of governance and supervision of justice that been around before the arrival of British rule etc. These indigenous customs, corporations and normative order found appearance in customary regulation. Nonetheless, the British colonial authorities identified and maintained the indigenous system of customary rules. Weeramantry observed appropriately that after the attainment of self-reliance, newly emerged nations often need to have a considered decision whether and to what extent, they might wish to preserve their traditional worth and ethnic systems. This opportunity to make that decision, he said, has been presented to more than one hundred countries released from the bondage of colonialism since the beginning of the century. He went further to convey that, these countries have been faced with the task of maintaining cultural ideals while foregoing new institutions of nationhood. Their decisions are often translated into legal conditions, whether constitutional or elsewhere. The co-existence of the dual legal systems provided rise to pluralism in Nigeria's legal system; a trend that has generated interesting debates among scholars.
Griffiths (1997) advocated for 'legal centralism' which engenders uniformity of laws and concentrated administrative set ups under talk about control. This perspective fails to discover the necessity to contextualize legislations and make it more compatible with the existing interpersonal order. Woodman (1985) buttressed the debate against legal centralism by pulling attention to the inability of state managed common regulation system to keep rate with the diversity, versatility and evolutionary character of customs and sociable norms. This handicap is manifested in the divergence between the customary law applied in keeping law courts and the customary rules practiced by people in the population.
The Supreme Court Ordinance No. 6 of 1914 gave permissive appearance to customary rules, subject to the satisfaction of three validity assessments: applicability, repugnancy, and incompatibility. These limits of customary regulation were made to remove superstitious and tough elements of these laws; also to solve problems emanating from inaccuracies caused by the lack of codification of customary rules. Despite these safeguards in the application of customary legislation, many feminist advocates have sustained to question the ability of customary legislation to deliver protection under the law and security to women under a plural legal system e. g. right to land, inheritance privileges and customary division of labor etc. Citing stress with the treatment of issues of customary legislation by common laws as a subject fact and the reluctance of appellate courts to over-turn judgments given by customary courts, feminist advocates have seemed more in the way international conventions/charters and statutory legislations for the realization of gender equality. Regrettably, the expectation that traditions and interpersonal norms could easily be modified by legislative fiat could be relatively unrealistic, given the moral and religious sanctions mounted on these customs and norms. However, different approaches need to be explored to remove some of the impediments to the reform and development of customary regulation.
Aidoo discovered that the seeming preoccupation of all African scholars on individual rights veers only in the direction of issues relating to violations which happen because of this of dramatic politics events and not a whole lot on real issues as that in the civil societies where social traditions and customs impact adversely on specific rights like the violation of women's right to inheritance in the Igbo traditional modern culture. Women of the Igbo society have been led to believe that cultures cannot be improved. The simple this conviction owe to the fact that indigenous women of the population haven't any proper method of exposure, therefore are being used to perpetuate in-human ethnical violation on fellow women. Ibhawoh argues that traditional social believes are not monolithic or unchanging. They could change in reaction to different interior and external pressures. He reiterated that cultural change can result from individuals exposure to and implementing new ideas. Ejidike on the other palm, though in his text he acknowledges that ethnicities are powerful and are malleable, didn't relate this during his discuss on Igbo traditions. Could there have been a bias, or a tacit support of traditions.
It has become almost common knowledge and of basic approval in Igbo culture that ladies are inferior to men. This discrimination is shown in their communal, economic and politics life. The discourse of inheritance in Igbo culture is principally on land and landed properties. Inside the Igbo contemporary society, land is regarded as the primary source of wealth, power and social position. As Uche places it, it is the most significant supplier of employment in rural areas and can be an increasingly scarce resource in urban areas. Further reiteration by Umeh defines land as communal security of last resort for the Igbos. The need for agriculture in Igbo land can't be over emphasized. Corresponding to Korieh, agriculture was the key stay of economic activity of the Igbo people for a long time. While men acquired the to grow cash vegetation, women were given the privilege to grow your crops such as cassava, cocoyam, maize, pepper and fruit and vegetables. Regardless of the small size farming women were permitted to have, they were still able to operate their goods and significantly provide food for the family. However this does not vitiate the glaring discrimination of inheritance faced by Igbo ladies in both customary and formal system of land tenure. This, Uche argued, was therefore of culturally inlayed discriminatory beliefs and techniques, and male control of inheritance systems. In the Supreme Court case of Chinweze v Masi, it was held that, under customary regulation, a wife has only a life interest in the property of her deceased husband, and when he dies, her interest ceases. The Igbo culture views women as chattels, property of the person, so the woman, upon the demise a guy, his family will inherit her along with his other properties. In Ogunkoya v Ogunkoya, women were referred to as chattels that are inheritable by other users of the deceased spouse under certain conditions. The Hegemony that is employed among Igbo men, which is also supported by regulations, has given them the impression that they can do whatever they please and get away with it. Beneath the custom of patrileneage common among the Igbos, the "umuada" (daughters) are precluded from being successful their father's property. This was also observed in the case of Uka v Nkama. The resultant effect of the patrilleage is usually that the fate of a woman is dangling on the kindness of the husband's family or her bundle of money of bearing a male child. This function had encouraged levirate marriages, where the deceased widow is inherited by a member of family. Women experienced no option than to do the bidding of the "new husband" in a bet to safeguard her young children. Women were also exposed to erotic molestations, and contracted sexually sent diseases because of the powerless positions. They can not say to their partner to work with protection, for concern with being thrown in to the pavements. The dignity of women, through these discriminatory acts has been greatly trampled upon.
One of the excuses from men for discrimination in land inheritance is exogamy. as the men claim that allowing women to inherit land would result to a copy of family land to another lineage if, regarding a child, she marries, or a widow, she re-marries. some of the reason why men have given for their strong believe and support of women not inheriting land are flimsy as uche have put, plus they include;
Women aren't intelligent and could make incorrect decisions on land.
Women are themselves properties and cannot, therefore own properties
Land belongs to the family, and women, customarily are not regarded as members of the family.
Women are on transit and really should not own lands.
If female children were given land by their fathers, they'll not value their husbands and will leave their husbands at the slightest provocation.
He gone further to state that, not only are these reasons flimsy, but it addittionally exposes the depth of ignorance which most men hold with them. Observing that some women when within an oppressive relationship, leave their husbands without much respect for his properties. He also emphasized the fact that 'women have exhibited a high degree of intellectual accomplishment both at nationwide and international spheres'.
'The search for congruence between ethnic traditions and modern national and international legal criteria', as put by Ibhawoh, is a 'theme for growing interest'. He discovered the assumption that 'nationwide human rights requirements enshrined in nationwide constitutions indicate the collective national conscience; they present an increased order of human being aspirations with a more effective system for promotion and enforcement. They also provide a higher set of standards by which cultural tradition can be judged. This assumption can best clarify the understanding that national human rights laws and regulations take precedence over customary or social tactics, at least in theory'. You might suppose the constitution of the federal government republic of Nigeria would protect its citizenry, especially women, against ethnic procedures that violate their rights. But as succinctly put by Bennet, when he claims that 'sometimes the constitution offers no indication whether fundamental protection under the law supersede customary legislations or vice versa'. The idea that 'the principle of the supremacy of nationwide constitutions means that in legal interpretation national human rights warranties take precedence over other laws or customary rules", is available only in south Africa, [at least for the period where this word is written].
The constitution of Nigeria, chapter 1, part II, spells out the social objectives of the state of hawaii under what it known as 'directive guidelines of state insurance plan'. These key points are not privileges and cannot be enforced in a court docket of legislations, and the state of hawaii is not under any legal obligation to value them. Directive rules are merely designed to direct government insurance policies. Section 6, clause 6(c) can be an 'ouster clause', which states that "the responsibility of the state to conform to, observe and apply the fundamental objectives and directive ideas of state insurance policy is not amenable to judicial inquiry or enforcement". Oddly enough, and unfortunately, public, economic and cultural rights are within these key points.
Interestingly, Nigeria has ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Nigeria was also one of the countries which participated in the US Fourth World Seminar on Ladies in 1995, that used the Beijing Declaration and System to use it, the African Charter on Man and Individuals' Protection under the law (ACHPR) which includes, the process on the Rights of Ladies in Africa. These body explicitly require a repeal of every form of violation and discrimination against women. However, these discriminatory acts continue to exist, especially in the Igbo societies, in doing so making a caricature of the legal obligation government have undertaken in acceding to these treaties. Article 5 of CEDAW provides that status get-togethers shall take all appropriate steps to "modify the social and cultural habits of the carry out of women and men, with the view to obtaining the reduction of prejudices and customary, and all other practices which derive from the thought of the inferiority or the superiority of either sexes or on stereotyped assignments for women and men". Article 2 of the Charter provides 'point out parties shall beat all kinds of discrimination against women through appropriate legislative, institutional and other procedures". It also went further to state that 'express people shall commit themselves to change the public and cultural habits of do of people through general population education, information, education and communication strategies, with a view to reaching the eradication of harmful cultural and traditional methods and all the practices which are based on the thought of the inferiority of either of the sexes, or on stereotyped functions for women and men". The provisions of both systems are basically the same, laying focus on the coverage of women against discrimination. The explanation for the ongoing violations of the provisions, and of women, aside from the lack of implementation under the constitution, may not be far- fetched. In Nigeria, most particularly in the Igbo contemporary society, very little is listened to by the indigenous people, who are largely afflicted by these practices, of the treaties. There is need for consciousness and sensitization on the problems surrounding inheritance founded discrimination, there should also be some type of multimedia information and translation device. Additionally, Non-governmental Organisation should put more work into achieving indigenous women by making themselves easily available. Because of this, they can get first- palm information with which to write their studies and make necessary recommendations. An impact study by Christof Heyns and Frans Viljoen in 1999, in collaboration with the U. N office of the high commissioner for real human rights, targeted at critiquing the all individual privileges treaties, they concluded that" international enforcement mechanisms utilized by the treaty physiques appear to have experienced an extremely limited demonstrable impact thus far". Awareness, judicial decisions and legislative reforms were the factors used to evaluate these effects. They concluded that the coverage of the reporting process by the advertising was "negligible".
The United Nations and its systems have constantly affirmed the right to equality prior to the regulation without discrimination on basis of intimacy. Article 1(3) of the United Nations Charter, areas that the goal of the United Nations are ; 'to achieve international assistance in solving international problems of the economic, social, ethnic, or humanitarian identity, and in promoting and encouraging respect for human protection under the law and for fundamental freedoms for those without distinction concerning race, sex, dialect, or religion'. The Universal Declaration of Human Privileges (UDHR) provides in Article 7 that 'All are similar before the legislations and are entitled with no discrimination to equivalent protection of the law. All are eligible for equal safeguard against any discrimination in violation of the Declaration and against any incitement to such discrimination'. Article 3 of the International Covenant on Civil and Political Rights (ICCPR) also provides that 'The Claims Parties for this Covenant undertake to guarantee the similar right of women and men to the enjoyment of most civil and political rights established in today's Covenant'. However, with all these treaties set up, discrimination against women is constantly on the sprout to a worrying elevation. In 2004, the CEDAW committee known that 'in no country on earth has women's full de jure and de facto equality been achieved'. They went further to state the following; 'Discriminatory laws are still on the statute books of many areas parties. The co-existence of multiple legal systems, with customary and religious laws regulating personal status and private life and prevailing over positive legislation and even constitutional procedures of equality, remains a source of great matter. Nationality laws and regulations also continue to discriminate against women by curtailing their capacity to confer their nationality to their children. Women continue steadily to experience discrimination and drawback in the fun of rights to possess and inherit property'.
Outline of the Study
The review will be planned into five chapters using the next structure:
Chapter 1 will present the study and its objectives by presenting the framework and research questions with a sense of opportunity and constraints of the study. This chapter will also discuss the technique used in the analysis.
Chapter 2 will discuss the effects of the customary practice of disinheritance of the Igbo people on the protection under the law of women in the society.
Chapter 3 will discuss international and regional expectations of inheritance and the status of women, attracting inferences from the UN treaties and almost every other treaty which helps to protect the privileges of women from violation.
Chapter 4 will attract conclusions from the finding and make recommendations that may better align the customary legislation bonuses with those of common laws and also stimulate social activities that may lead to changes in gender relationships.
