Police Chief Decries High Rate of Violation of Widows' Rights in Anambra

The Police Chief in Anambra State has highlighted the pervasive violation of widows' rights, particularly concerning property inheritance and the neglect of their children's maintenance by in-laws. This issue stems from deeply entrenched customary practices that often disinherit widows, despite robust constitutional and statutory protections in Nigeria. Landmark Supreme Court decisions have consistently invalidated discriminatory customary laws, affirming the rights of women to inherit. However, a significant gap persists between judicial pronouncements and practical enforcement, especially in rural communities. This article examines the legal framework safeguarding widows' rights in Anambra, analyses key judicial interventions, and discusses the challenges in achieving full compliance, offering insights for legal practitioners.

The recent outcry by the Commissioner of Police in Anambra State, Ikioye Orutugu, regarding the high rate of violation of widows' rights underscores a persistent and troubling legal and social challenge in Nigeria. Mr. Orutugu specifically lamented how some in-laws exploit the vulnerability of widows, aiming to inherit their late brothers' wives and property while neglecting the crucial responsibility of maintaining the deceased's children. This statement, made during a Human Rights Accountability Meeting in Amawbia, Awka, brings to the fore the stark reality faced by many widows in the state, where cultural traditions often override established legal protections.

This pervasive issue, rooted in discriminatory customary practices, not only inflicts immense emotional and financial hardship on widows and their children but also represents a direct affront to fundamental human rights enshrined in the Nigerian Constitution and various statutes. Despite significant legal advancements aimed at safeguarding women's inheritance rights, the practical application of these laws remains a formidable hurdle. This article will delve into the legal landscape governing widows' rights in Anambra State, critically examine the impact of judicial pronouncements, and highlight the enduring challenges that legal professionals must navigate in their efforts to secure justice for disinherited widows.

The legal framework governing inheritance in Nigeria is a complex interplay of statutory law, customary law, and, in some regions, Islamic law. For widows in Anambra State, a predominantly Igbo area, customary law has historically presented significant challenges. Traditional Igbo customary law, often based on the principle of male primogeniture, typically excludes women—both widows and daughters—from inheriting their deceased husband's or father's property. This practice is often justified by the belief that inheritance follows bloodlines, and a widow is not considered a blood relative of her husband, only having possessory rights over the matrimonial home or a portion of land, not proprietary rights.

However, this customary position is directly challenged by the supreme law of the land, the Constitution of the Federal Republic of Nigeria 1999 (as amended). Section 42 of the Constitution guarantees freedom from discrimination, including on the basis of sex, while Section 34 protects the right to dignity of the human person, prohibiting inhuman or degrading treatment, and Section 43 affirms the right to acquire and own immovable property. Furthermore, statutory laws such as the Wills Act 1837 (applicable in many Southern states, including Anambra) and the Administration of Estates Law of Anambra State provide frameworks for property disposition and intestate succession that generally recognise a widow's right to her husband's estate. The Violence Against Persons (Prohibition) Act, 2015 (VAPP Act), which has been domesticated in 35 states including Anambra's VAPP Law 2017, criminalises harmful widowhood practices under Section 15. Additionally, the Anambra State Widowhood Law (2005) explicitly forbids the forceful dispossession of any property acquired or used by a couple during the deceased spouse's lifetime.

The Nigerian judiciary has played a pivotal role in challenging and overturning discriminatory customary inheritance practices. Landmark Supreme Court decisions have consistently affirmed the supremacy of the Constitution over customary laws that are repugnant to natural justice, equity, and good conscience. A seminal case in this regard is *Mojekwu v. Mojekwu* (1997) 7 NWLR (Pt. 512) 283, where the Court of Appeal, Enugu Division, unequivocally declared the “Oli-ekpe” custom of Nnewi, which excluded female children from inheritance, as discriminatory and unconstitutional. Justice Niki Tobi, J.C.A. (as he then was), famously questioned the consistency of such a custom with equity and fair play in an egalitarian society.

This judicial stance was further solidified by the Supreme Court in *Ukeje v. Ukeje* (2014) 11 NWLR (Pt. 1418) 384. In a unanimous decision, the apex court declared that any customary law excluding female children from inheriting their deceased father's property is unconstitutional, as it violates Section 42(1) and (2) of the 1999 Constitution. This ruling effectively cemented a female's entitlement to her late father's estate. Similarly, in *Anekwe v. Nweke* (2014) LPELR-22697(SC), delivered on the same day as *Ukeje*, the Supreme Court condemned customary laws that disinherit widows without male children as repugnant to natural justice, equity, and good conscience. These judgments collectively represent a robust legal precedent against gender-based discrimination in inheritance.

Despite these clear judicial pronouncements and statutory protections, a significant gap persists between legal rhetoric and practical reality. The Police Commissioner's statement highlights that these discriminatory practices continue to thrive, particularly in rural areas of Anambra, where traditional patriarchal institutions often jealously guard customs against existing legal frameworks. The type of marriage contracted also significantly impacts a widow's rights; a statutory marriage (under the Marriage Act) offers clearer statutory protection as primary beneficiaries, which customary marriages often lack, leading to greater vulnerability for widows. This disparity necessitates a multi-faceted approach, combining legal enforcement with sustained community sensitization and dialogue with traditional institutions to align customary practices with constitutional principles.

The persistent violation of widows' rights in Anambra State, as highlighted by the Police Chief, underscores the enduring struggle between archaic customary practices and modern legal principles of equality and non-discrimination. While Nigeria's constitutional provisions and landmark Supreme Court judgments have unequivocally invalidated discriminatory inheritance customs, the practical enforcement of these rights remains a significant challenge, particularly in communities where traditional beliefs hold sway.

For legal practitioners, the implications are clear and demand proactive engagement. Attorneys must continue to educate clients on the importance of statutory marriages and the drafting of valid wills to safeguard their spouses' and children's inheritance rights. In cases of intestacy, prompt application for Letters of Administration is crucial to prevent extended family interference. Furthermore, litigating against discriminatory customary practices, armed with the precedents set in *Mojekwu v. Mojekwu*, *Ukeje v. Ukeje*, and *Anekwe v. Nweke*, is essential. Beyond litigation, legal professionals have a vital role in advocating for sustained public enlightenment campaigns and collaborating with NGOs and traditional institutions to foster a societal shift that respects the dignity and rights of widows, ensuring that legal victories translate into tangible justice on the ground. The ongoing vigilance and concerted efforts of the legal community are indispensable in bridging the gap between law and practice.