The Intersectionality of Gender, Class, and Ethnicity in Inheritance Rights: A Case Study of Women in Nigeria

Abstract

The intersectionality of gender, class, and ethnicity creates complex challenges for women in Nigeria regarding inheritance right. women are largely discriminated upon from inheriting their husband’s or father’s estate merely on the chauvinistic basis that they are women and this unfair treatment is further based on the cultural and ethnic orientations in most part of the country where inheritance rights are first patrilineal chiefly amongst which include the Igbo and Benin custom which allows only the male children to inherit houses and landed properties of the family to the exclusion of their female counterparts. These ethnocentric practices engender unhealthy classification of women as second-class citizens. A system of ordering society whereby people are divided into sets based on perceived social or economic status. These social stratification of women despite their integral role in the society undermine their inalienable right and equality before the law more so, as women are the backbone of families and are crucial to the growth and development of communities. A comparative analysis of women inheritance right in Ghana, Zimbabwe and England would be brought to the fore to see how far they have fared when compared to Nigeria.  Despite the landmark Supreme Court case of Ukeje vs Ukeje (2014) LPELR-22724(SC) which reinforced the constitutional provision guaranteeing rights of women in Nigeria to inherit from their deceased parents and indeed other plethora of cases and Statutes guarantying women’s right to inheritance in Nigeria, discrimination based on gender, class and ethnicity persist. This work adopted doctrinal research methodology to unravel the intersectionality of gender, class and ethnicity and how it affects women’s inheritance rights in Nigeria. This understanding is crucial as it underpins how different forms of discrimination against women interact and exacerbate inequality. It advocates in the strongest terms, the need to breakdown all ethnocentric barriers, chauvinistic tendencies and discriminatory practices in Nigeria which undermine women’s right to inheritance as guaranteed by relevant laws across the country as evidently shown in the literature review in this work. The Court, the Legislature, communities, NGO’s, International bodies and all and sundry most continue to advocate and campaign vigorously for women’s inheritance right beyond the rigid identities such extreme tendencies and factors promote for we are all equal before God. Women must only be identified by their differing, complimentary and separates roles in society and not on the mere basis of their gender as women as this is unhealthy and undermine international standards, human rights, and best practices.