NAVIGATING THE COMPLEXITIES OF INHERITANCE RIGHTS IN CONTEMPORARY FAMILY DYNAMICS IN NIGERIA: JURISPRUDENTIAL CHALLENGES AND SOLUTIONS

Abstract

This article examines the jurisprudential complexities surrounding female inheritance rights in contemporary Nigerian family structures, focusing on challenges arising from legal pluralism and the coexistence of customary, Islamic, and statutory succession frameworks. The study narrows its analytical lens to the inheritance rights of women and female children, an area where doctrinal tensions between received English law, customary practice, and constitutional supremacy remain most acute. Using a doctrinal methodology anchored on the analytical frameworks of Elias, Allott, Bennett, and Oni, the research interrogates how new categories of inheritance disputes, including those arising from blended families, inter-ethnic and inter-religious marriages, and children born outside wedlock, expose gaps in extant jurisprudence. The article examines landmark decisions including Ukeje v Ukeje, Anekwe v Nweke, Salami v Salami, and Abel v Abel, alongside the controversial repugnancy debates emerging from Ajibaiye v Ajibaiye and Mohammed v Mohammed. Findings reveal persistent implementation gaps between judicial pronouncements and rural practice, where traditional authorities continue applying customs already declared unconstitutional. The Rivers State Prohibition of the Curtailment of Women's Right to Share in Family Property Law 2022 is examined as a model legislative response. The article recommends legislative replication, enhanced legal awareness, expansion of legal aid, promotion of will-making within constitutional limits, and harmonisation of succession laws.