- The Complete Research Material is averagely 56 pages long and it is in Ms Word Format, it has 1-5 Chapters.
- Major Attributes are Abstract, All Chapters, Figures, Appendix, References.
- Study Level: BTech, BSc, BEng, BA, HND, ND or NCE.
- Full Access Fee: ₦6,000
Get the complete project »
CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
The patterns of inheritance and succession, particularly under intestate estate under customary law
in Nigeria, have almost as many variations as there are ethnic groups
in the country, and many of the variations are discriminatory in
practice. The law of succession and inheritance reflects Nigeria‘s
plural legal system. Indigenous customary law developed rules of
inheritance for intestacy through the traditional canon of descent, as
adapted over the years to changes in the society and the rule of natural
justice as applied by the courts. Fortunately, nongovernmental
organizations have been active in attempting to rectify the problems of
discrimination.
Rather than trying to cover all the patterns of succession, I examine a
few of the succession patterns, with particular reference to the
discriminatory aspects under customary law. I also propose reforms.
Finally, I recognize the important work done by nongovernmental
organizations in Nigeria.
1.2 STATEMENT OF THE PROBLEM
While the law of inheritance and succession under English law
is reasonably settled, the aspect dealing with customary law is not,
which breeds conflict and acrimony among heirs. What’s more, the law
discriminates among beneficiaries. Some are accorded rights of
inheritance and others are not. Consequently, this customary law falls
under the repugnancy doctrine test and, more important, international
conventions against discrimination.
One example is the Convention for the Elimination of All Forms of Discrimination Against Women
(CEDAW), an international document that establishes standards of
equality between women and men. The convention was adopted by the United
General Assembly on 18 December 1979, and was made binding on ratifying
states on 3 September 1981. CEDAW provides a framework for developing
and applying equality norms to specific conditions in different
countries and legal systems. This international bill of rights for women
also stands as an agenda for action to guarantee these rights. In its
preamble, the convention states that extensive discrimination against
women continues to exist, and it emphasizes that such discrimination
violates the principles of equality of rights and respect for human
dignity. Article
I of the convention defines discrimination against women as “any
distinction, exclusion, or restriction made on the basis of sex in the
political, economic, social, cultural, civil or any other field.”
Article I further defines discrimination against women as anything that can bring
about unequal treatment between men and women while carrying out their livelihood.
This article groups married and unmarried women together. Article 13
stipulates in part that women have the right to obtain family benefits,
while Article 15 states, inter alia, that women have equal rights with
men in matters of law related to business contracts. Under Article 16,
women are empowered to own and give away their property. State parties
to the convention are obliged to refrain from acts that would defeat the
object and purpose of the convention—namely, the elimination of all
forms of discrimination against women. Each party must report on its
progress to the committee. The implementation of the convention is
monitored by the Committee on the Elimination of Discrimination against
Women (CEDAW), which is composed of 23 experts elected by state parties.
The Committee meets annually in New York. Gender discrimination is
currently receiving the attention of the world community. The position
of women in law and society has attracted public sympathy and interest.
Apart from CEDAW, other documents apply, such as the African charter—a
regional bill—and national Constitutions that prohibit discrimination on
the ground of sex in all categories of rights. Having ratified the
CEDAW treaty, Nigeria is generally bound by its provisions, so any laws
or procedures to the contrary must be declared null and void.
Unfortunately, Nigerian courts have long sustained some of the customary
practices that subjugate women, as demonstrated in the case of Nwanya
v. Nwanya. The case of Mojekwu v. Mojekwu, however, has marked a turning
point. The Court of Appeal in that case struck down, as repugnant to
natural justice, equity, and good conscience, the Oli-ekpe custom in Ibo
land, which bars women from inheriting land.
The law of succession basically deals with testate methods of inheritance, and the
rules governing them differ. When a man dies, the devolution of his
self-acquired property depends upon whether he has made a will. If he
has made a will, the property devolves according to the will. If no will
exists—that is, under the condition of intestacy—his property devolves
in accordance with the applicable customary law. Discriminations exist
in both cases, but especially under intestacy. Discrimination thus
exists in the method of distribution under various customary laws.
Unfair practices allow some to inherit while others cannot.
The discriminatory aspects of property inheritance under customary law in
Nigeria manifests in different forms and scope ranging from
primogeniture rules, right of spouses, rights of adopted children and
rights of illegitimate child; although it is generally agreed rule under
customary law of intestate succession and inheritance that succession goes by blood.
1.3 AIM AND OBJECTIVES OF THE RESEARCH
This research aims at ascertaining the applicability of the concept of customary inheritance as a hindrance to gender equality,
through and examination of the legal and institutional frameworks on
the subject matter in Nigeria. In view of this therefore, the objectives
of this paper are as follows.
i. An examination of the practice and mode of customary inheritance in
Nigeria vis-à-vis the adequacy or otherwise the inadequacies of the laws
regulating
gender equality Nigeria.
ii. An examination of the factors militating against the practice of customary inheritance in Nigeria
iii. An examination of extent does the Nigeria custom of inheritance
reflect regional and global standards on equal status of women
iv. The highlights of the salient features of the practice in contemporary society
v. The practice of inheritance in the Nigeria customary law impinge on the livelihood and security of women in the society
vi. Finally, to profer measures for addressing the problems identified in the
course of the study so as to have a smooth operation of inheritance in
Nigeria like other jurisdictions.
1.4 SIGNIFICANCE OF THE RESEARCH
The significance for this study stems from disparities between the
application of ‘lawyers’ customary law’ and the practice of ‘people’s
customary law’. This discrepancy tends to undermine the effectiveness of
the state legal system in addressing gender inequalities. This
challenge is more pronounced in the complex and pluralistic context of
the Nigeria legal system. It becomes imperative to explore the
possibility of legal reforms and pragmatic policy options that could
better align common law incentives with those of customary law.
1.5 SCOPE OF THE RESEARCH
The area of coverage for this research as earlier stated is to appraise the
legality of the practice of customary inheritance in Nigeria. Though,
the research will be majorly in the Nigerian context and other Africa
country, but a short reference may also be made to other jurisdictions
where customary law holds
sway.
1.6 RESEARCH QUESTIONS
Overall, the study will strive to determine the impact of the practice
and administration of customary laws of inheritance on gender equality
Nigeria society by providing answers to these specific research
questions:
1. To what extent does the practice of inheritance in the Nigeria
customary law impinge on the livelihood and security of women in the
society?
2. What are the highlights of the salient features of the practice in contemporary society?
3. To what extent does the Nigeria custom of inheritance reflect regional and global standards on equal status of women?
1.7 RESEARCH METHODOLOGY
This study will adopt a theoretical approach, which would involve
critical review of important scholarly literature on conceptual issues
in legal theory, constitutional developments in British colonial Africa,
the Nigerian legal system, customary and religious laws, and will
invoke a multidisciplinary approach towards reaching acceptable goals on
issues of gender equality. This project would also use descriptive and
analytical methods to review constitutions, legislation and case law
relevant to the subject matter. Basically, it will apply the desktop
library method. The writer shall also make use of secondary sources of
materials
which include textbooks, journals, encyclopedia, workshop material, internet
materials
You either get what you want or your money back. T&C Apply
You can find more project topics easily, just search
-
SIMILAR LAW FINAL YEAR PROJECT RESEARCH TOPICS
-
1. DISCRIMINATORY CUSTOMARY LAWS AND VIOLENCE AGAINST WOMEN IN NIGERIA: AN APPRAISAL
» ABSTRACT Gender discrimination and violence against women are global phenomena and are as old as human history. Nigeria like other African countries h...Continue Reading »Item Type & Format: Project Material - Ms Word | 66 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
2. AN EXAMINATIONOF THE NEXUS BETWEEN MENS REA AND THE DEFENCE OF PROVOCATION IN MURDER CASES
» TABLE OF CONTENTS Title page Certification Dedication Acknowledgement Table of content Table of cases Table of statues List of abbreviation Abstract C...Continue Reading »Item Type & Format: Project Material - Ms Word | 69 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
3. AN APPRAISAL ON THE RIGHT OF THE CHILD TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION UNDER NIGERIAN LAWS
» CHAPTER ONE GENERAL INTODUCTION 1.1 BACKGROUND OF THE STUDY The right to freedom of thought, conscience and religion is one of the fundamental freedom...Continue Reading »Item Type & Format: Project Material - Ms Word | 117 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
4. CRITICAL ANALYSIS ON THE RIGHT OF CHILDREN TO EDUCATION UNDER INTERNATIONAL LAW: A CASE STUDY ON NIGERIA
» ABSTRACT The importance of children education in any given society is very critical to the social and economic development of that society particularl...Continue Reading »Item Type & Format: Project Material - Ms Word | 132 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
5. LEGAL EFFECT OF CUSTOMARY LAW MARRIAGES IN NIGERIA
» ABSTRACT The conflict in customary law is a theme that permeates the history of colonialism in Nigeria and indeed Africa. It is a fact that, global in...Continue Reading »Item Type & Format: Project Material - Ms Word | 50 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
6. THE DOCTRINE OF SEPARATION OF POWERS AMONG VARIOUS ORGANS OF GOVERNMENT AND GOOD GOVERNANCE IN NIGERIA
» ABSTRACT The term ‘Separation of Powers’ is an influential concept in modern democracies; it denotes the practice of dividing the powers o...Continue Reading »Item Type & Format: Project Material - Ms Word | 94 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
7. UTILITY OF CONFESSIONAL STATEMENT IN CRIMINAL TRIALS (AN OVERVIEW)
» CHAPTER ONE 1.1 INTRODUCTION An adverse admission relevant to the issues of guilt in a criminal case is known at Common Law as confession, and the sam...Continue Reading »Item Type & Format: Project Material - Ms Word | 52 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
8. THE ROLE OF UNITED NATIONS AND REGIONAL ORGANIZATIONS IN RESOLVING DISPUTES IN INTERNATIONAL LAW: A CASE STUDY OF CONGO
» CHAPTER ONE GENERAL INTRODUCTION 1.1 Background to the Study The international political climate is currently fraught with unresolved inter state and ...Continue Reading »Item Type & Format: Project Material - Ms Word | 111 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
9. JUSTIFICATION FOR AND THE ABOLITION OF CAPITAL PUNISHMENT UNDER HUMAN RIGHTS LAW
» ABSTRACT The legal infliction of death as a penalty for violating criminal law has been in existence from time immemorial, people have been put to dea...Continue Reading »Item Type & Format: Project Material - Ms Word | 52 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT
-
10. AN APPRAISAL OF THE LAW AND PRACTICE OF CORPORATE GOVERNANCE IN THE NIGERIAN BANKING SECTOR
» ABSTRACT Corporate governance is a principled based system by which corporations are organised and managed. It is made up of rules and regulations and...Continue Reading »Item Type & Format: Project Material - Ms Word | 52 pages | Instant Download | Chapter 1-5 | LAW DEPARTMENT