Women, Intestacy and Forced Eviction: Evaluating Feminist and Judicial Responses in Nigeria

Abstract

In Nigeria, the intersection of cultural behaviour, feminist and judicial responses to protection of women from forced eviction upon intestacy is an intertwine of 1) the conflict between full proprietary rights and possessory/rights of use; 2) intrusion of customary institutions into self-acquired property of decedent male family members; and 3) abusive expulsive misapplication of customary precepts by family property managers. We argued that feminist responses, while impugnable for failing to contextualize the problems within cultural structures and erroneously categorizing abuses of customs as part of customs, provide critical theoretical springboard for legislative/judicial action in new situations which may be occasioned by urbanization and expropriation. Conversely, Nigerian courts over the last 60 years have sieved the actual community-accepted inheritance customs to protect women from forced eviction but have preferred a cross-cultural template that entitles women to a possessory life interest. Our conclusion is that while the responses seem conflicting, they support women’s rights generally.