Assessing the Application of the Principles of Non-discrimination and Gender Equality in Relation to Devolution of Land upon Death in Nigeria

Abstract

The Constitution of the Federal Republic of Nigeria 1999 (as amended), guarantees the right to freedom from discrimination. Similarly, the Land Use Act 2004, which is the principal legislation governing land matters in Nigeria, endorses a right of occupancy system that allows all genders to inherit land, without discrimination. Further, Nigeria is a State party to several regional and international instruments advancing the principles of non-discrimination and gender equality, notably the African Charter on Human and Peoples' Rights 1986, and the Convention on the Elimination of All Forms of Discrimination against Women 1979. Moreover, the various courts of law in Nigeria have lately exhibited strong commitments towards ending discrimination and gender inequality in all its forms in the country. Nonetheless, genderbased restrictions on women's land inheritance rights persists. This study attributes these challenges to the combined negative influences of weak law enforcement; diehard socio-economic, cultural and religious norms; and poor knowledge regarding the right to freedom from discrimination on the part of many Nigerian women and girls. Inter alia, it recommends stricter law enforcement regime, as well as educating Nigerian women and girls, particularly those at the grassroots, on the right to freedom from discrimination as viable tools for overcoming the challenges.