Not Her Justice: When Custom Overrides Women’s Rights in Nigeria
Picture Credit: ABOVEWHISPERS
Despite the supremacy of the 1999 Constitution of Nigeria over any conflicting legislation, enshrined in Section 1, the lived reality of many Nigerian women remains indifferent.
In practice, the tripartite nature of Nigeria’s law allows for statutory, customary, and Islamic laws to coexist, and these laws affect the rights of women predominantly at the community level. For instance, notwithstanding that the federal Child Rights Act of 2003 prohibits marriage under the age of 18, enforcement is still an issue as many girls are still married under customary or religious frameworks. This post will explicate upon a system that delivers not her justice, but a justice defined by patriarchy and custom.
Legal Pluralism and the Hidden Hierarchy
Nigeria’s tripartite legal structure operates under statutory law, as enshrined in the constitution; Islamic law as applied in some northern states; and customs practiced in local communities. Despite the supremacy of the Constitution of Nigeria, customary courts still rely on customs that often deliver patriarchal and inequitable outcomes. In the case of Ukeje v Ukeje, the Supreme Court ruled specifically that denying daughters the right to inheritance under the Igbo custom violated fundamental provisions in the Constitution. However, the discriminatory principle in the Oli-Ekpe custom is still very much in vogue with inheritance in certain parts of Nnewi restricted to men.
When Custom Speaks Louder Than Law: Nigerian Case Studies
Nigeria enacted the Child Rights Act of 2003 which set the minimum age of marriage at 18 but enforcement remains an issue due to multifarious customs permeating the Nigerian system. According to Human Rights Watch, around 43% of women between the ages of 20 and 24 were married before the age of 18 while in some northern regions, the numbers are as high as 78%. About 26 states in Nigeria have adopted the Child Rights Act, while the remaining 10 states mostly in the northern region have not. Enforcement challenges are evident since certain customs are in total contradistinction with the legislated laws and are thus usually not obeyed. This negatively affects the rights of women.
Furthermore, the persistence of harmful widowhood practices demonstrates the supremacy of customs over legislation, to the detriment of women’s rights. In Nigeria, widowhood is accompanied by customs which are bizarre and repulsive, and the brunt of such perverseness is borne by women. In parts of the southeast and Middlebelt, widows are subjected to inhumane practices such as drinking the water used to bathe their deceased husbands to prove that they are not liable for his death, shaving off their heads or enduring periods of seclusion. These demeaning practices have been captured by Vanguard, and Worldpulse.
Such customs and demeaning rites are fundamentally incompatible with the provisions of the 1999 Constitution. In particular, Section 34 emphasises the right to dignity of all persons to be free from all degrading treatments and torture. Furthermore, Section 42 guarantees the right to freedom from discrimination, providing that no citizen shall be subjected to any disability or restriction on the basis of sex, religion, or other status.
In spite of constitutional guarantees to the contrary, harmful widowhood practices still exist because they are regarded as cherished customs that are valued more than the constitution. As Onyima argues, these cultural practices are not harmless traditions beacuse they violate human rights.
“…the persistence of harmful widowhood practices demonstrates the supremacy of customs over legislation, to the detriment of women’s rights.”
A Global Pattern: When Tradition Undermines Equality
Nigeria is not alone in experiencing gender inequality arising from customs which override women’s rights. This issue is one of global relevance. In India, for instance, despite legal reforms such as the Hindu Succession (Amendment) Act of 2005 which grant daughters equal rights to ancestral property, enforcement and implementation still presents a massive issue as many women are still denied this right. A report titled Indian Women’s Rights to Property: Implementation of The Hindu Succession Amendment Act 2005 highlights that despite legal reforms, there is still significant resistance to inheritance for women.
This pattern is also seen in Uganda where the law formally guarantees women equal rights to land and property. The 1998 Land Act further emphasises this principle. Yet in practice, customs continue to override national legislation, particularly in rural areas due to lack of enforcement. Widows are often evicted by in-laws irrespective of legislative protections offered. According to the International Land Coalition, about 16% of land is owned or jointly owned by women.
Conclusion
Across multiple jurisdictions, the rights of women have been violated, and a need for protection is imminent. These violations exist not due to an absence of statutory frameworks but because of the stubborn persistence of harmful customs. In Nigeria, India and Uganda, these violations occur on a massive scale as women are more often than not dispossessed of their property.
This dissonance between law on paper and law in practice reveals a broader pattern: when custom is allowed to supersede statute, women are denied protection and justice in all its entirety. It is not her justice if justice for her exists only in theory.
As stated by Martin Luther King Jr, “A right delayed is a right denied.”
