In Nigeria, widowhood often presents not just an emotional and psychological burden but also a legal and socio-economic one. Widows frequently face discriminatory practices that deprive them of their rights to inheritance, property, and even personal dignity. These practices, deeply rooted in cultural and traditional norms, persist despite legal frameworks aimed at protecting the rights of women, including widows. 

This article reviews the relevant laws in Nigeria designed to protect widows’ rights, highlighting their strengths and weaknesses and suggesting ways to ensure better protection for widows.

Relevant Legal Frameworks

1. The Nigerian Constitution

The 1999 Constitution of Nigeria, as amended, is the supreme law of the land and guarantees the rights of all citizens, including widows. Section 42(1) explicitly prohibits discrimination on the grounds of sex, which can be interpreted to include discrimination against widows.

The Constitution also provides for the protection of property rights, which should, in principle, protect widows from being dispossessed of their property.

2. The Violence Against Persons (Prohibition) Act, 2015

The Violence Against Persons (Prohibition) Act (VAPP) is a significant piece of legislation that provides protection against various forms of violence, including those that widows commonly face. The Act criminalizes harmful traditional practices, emotional and psychological abuse, and economic deprivation, all of which are issues widows frequently encounter.

Section 15 of the Act provides thus:

(1) A person who subjects a widow to harmful traditional practices commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N500,000.00 or both.

(2) A person who attempts to commit the act of violence provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding| year or to a fine not exceeding N200,000.00 or both.

(3) A person who incites, aids, abets, or counsels another person to commit the act of violence as provided for in subsection (1) of this section commits an offence and is liable on conviction to a term of imprisonment not exceeding 1 year or to a fine not exceeding N200,000.00 or both.

(4) A person who receives or assists another who, to his or her knowledge, committed the offence provided for in subsection (1) of this section is an accessory after the fact and is liable on conviction to a term of imprisonment not exceeding 6 months or to a fine not exceeding N100,000.00 or both.

A very relevant case law that further upholds the protection of widows is the case of Onyibor Anekwe & Anor v. Mrs. Maria Nweke, Supreme Court of Nigeria, SC. 129/2013.

In summary, Mrs. Maria Nweke was asked by the father-in-law to vacate her deceased husband’s house because she had no male child. The court however invalidated the Awka customary law of male primogeniture on grounds of being repugnant to natural justice, equity and good conscience.

3. The Matrimonial Causes Act

The Matrimonial Causes Act governs the dissolution of marriages and related matters. While it provides some protections, such as the right to maintenance and settlement of property upon dissolution, it does not specifically address the challenges faced by widows. The Act’s silence on widowhood means that widows often have to rely on general provisions that may not fully address their unique circumstances.

4. Customary and Sharia Laws

Customary laws, which vary widely across Nigeria’s diverse ethnic groups, often govern issues of inheritance and property rights in the absence of a will. In many cases, these laws are discriminatory against women, including widows. For example, in some communities, a widow is denied inheritance rights, and all the property is passed on to the deceased’s male relatives. Sharia law, applied in parts of Northern Nigeria, also governs inheritance but provides more clearly defined rights for widows, although these rights can still be limited compared to those of male heirs.

5. Administration of Estates Law (Cap A1, Laws of the Federation of Nigeria, 2004)

The Administration of Estates Law plays a crucial role in protecting the rights of widows, particularly in the context of inheritance and the management of the deceased spouse’s estate. This law provides that, in the absence of a will (intestate succession), the widow has a legal right to inherit a portion of the estate.

The specific share a widow is entitled to can vary depending on the jurisdiction within Nigeria and whether customary or statutory law is applied, but she is generally guaranteed a portion of the deceased’s property.

The law often grants the widow the right to apply for letters of administration, which authorize her to manage and distribute her late husband’s estate. As an administrator, she can ensure that her interests, as well as those of any children, are protected during the distribution process. This role gives her a degree of control over the estate, preventing other family members from unlawfully taking over the deceased’s assets.

6. The African Charter on Human Rights

The ACHR frowns at discrimination on women, as such:

a. A widow shall have the right to an equitable share in the inheritance of the property of her husband.

b. a widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to her or she has inherited it.

c. Women and men shall have the right to inherit, in equitable shares, their parents’ properties.

Challenges in Protecting Widows’ Rights

1. Cultural and Traditional Practices

Cultural and traditional practices remain one of the most significant barriers to protecting widows’ rights in Nigeria. In many communities, customs that strip widows of their property and subject them to degrading treatment are still widely accepted and practiced. The clash between these practices and statutory laws creates a complex legal environment where widows’ rights are often undermined.

2. Lack of Awareness and Access to Justice

Many widows are unaware of their legal rights or do not have the resources to access the justice system. This lack of awareness, combined with the high cost of legal services, often means that widows cannot challenge the injustices they face. Even when they are aware of their rights, the lengthy and expensive nature of legal proceedings can be a significant deterrent.

3. Inadequate Implementation of Laws

The implementation of laws protecting widows’ rights is often weak due to a lack of political will, inadequate resources, and corruption within the legal system. The inconsistencies in the application of customary laws further exacerbate the problem, leaving many widows without effective legal protection.

The Way Forward

To better protect widows’ rights in Nigeria, a multifaceted approach is required:

1. Strengthening Legal Frameworks

There is a need for comprehensive legislation that specifically addresses the rights of widows, ensuring that they are protected from discrimination and violence. This could include the introduction of laws that harmonize statutory, customary, and Sharia laws in a way that upholds widows’ rights.

2. Awareness Campaigns and Legal Aid

Raising awareness about the legal rights of widows is crucial. This can be achieved through public education campaigns, community outreach programs, and the involvement of civil society organizations. Additionally, providing free or subsidized legal aid to widows can help them access justice and protect their rights.

3. Engagement with Traditional and Religious Leaders

Engaging with traditional and religious leaders to reform harmful practices and promote the rights of widows is essential. These leaders play a significant role in shaping community norms and can be powerful allies in the fight against discrimination.

4. Empowerment Programs

Economic empowerment programs for widows can help reduce their vulnerability and dependence on discriminatory practices. Providing widows with access to education, vocational training, and financial support can enable them to assert their rights more effectively.

Conclusion

Protecting widows’ rights in Nigeria requires a concerted effort from all sectors of society, including the government, civil society, and local communities. While there are existing legal frameworks that offer some protection, more needs to be done to ensure that widows can live with dignity and security. By strengthening laws, raising awareness, and engaging with traditional leaders, Nigeria can take significant strides toward ending the discrimination and abuse that many widows face.