CUSTOMARY LAW PRACTICES AND VIOLENCE AGAINST WOMEN – THE POSITION UNDER THE NIGERIAN LEGAL SYSTEM

ABSTRACT

Deep seated perception that women are inferior to men is rooted in customary believes long held. This perception fuels various practices, some, varying among the various customary groups, and others cutting across them. The negative characteristic that binds these customary practices, and which serves as the basis for this work: is that they violate the rights of women in Nigeria. This essay examines these customary law practices and violence against women. Customary law is applicable as law in Nigeria, provided the custom to be applied meets the tests of validity. As such, not all customary practices have a place under the Nigerian legal system but only those that have been found valid by the courts. These customary practices, many of which amount to violence against women, include (but are not limited to): early marriage, inheritance, female genital mutilation (FGM), widowhood practices etc.In Nigeria, the 

grundnorm in Nigeria law is the Constitution of the Federal Republic of Nigeria 1999 and it guarantees the fundamental human rights of all persons. Thus, this work examines how the provisions of the Constitution and other laws under the Nigerian legal system have profited women, through the operation of the laws to eradicate these discriminatory practices in the various groups where these practices go on. In the light of the widespread operation of these practices in spite of the legal system, cogent recommendations are made also. The METHODOLOGY 

violates women; chapter three examines violence against women and the Laws which have been enacted to protect women against violence and discriminatory practices; while chapter four attempts to make recommendations, suggestions and proffer solutions for combating these customary practices.This essay is in four chapters. Chapter one discusses an overview of the Nigerian Legal System and Customary Law; chapter two focuses on the customary practices which 

SOURCES

1. Elizabeth, A., Violence Against Women in Nigeria: How the Millennium Development Goals Addresses the Challenge 

2. Ijekhuemen, S., The Nature and Prevalence of violence against women in Nigeria

3. Kelechi, J., Violent Traditional Gender Practices and Implication for Nation Building Process in Nigeria

4. Against Violence Against Women, Baobab Legal literary leaflet

5. Women rights and status under Edo native Law and custom myths and realities, Justice P.O Isibor 

6. Cultural practice affecting the human rights of women in Nigeria, Lanre Adedeji, the Lawyers chronicle.com

agaist women: the position under the Nigerian Legal system 7. Customary Law practices and violence 

TABLE OF CONTENT

TITLE PAGE i

CERTIFICATION ii

DEDICATION iii

ACKNOWLEDGEMENTS iv

LIST OF ABBREVIATIONS v

TABLE OF CASES vi

TABLE OF STATUTES viii

TABLE OF TREATIES ix

TABLE OF CONTENT x

ABSTRACT xii

CHAPTER ONE 1

1.1 INTRODUCTION 1

1.2 CUSTOMARY LAW 1

1.2.1 THE TESTS OF VALIDITY OF CUSTOMARY LAW 6

1.3 CONCLUSION 20

CHAPTER TWO 23

CUSTOMARY LAW PRACTICES THAT VIOLATE WOMEN 23

2.1 FEMALE GENITAL MUTILATION (FGM) 24

2.1.1 TYPES OF FEMALE GENITAL MUTILATION 25

2.1.2 CONSEQUENCES OF FEMALE GENITAL MUTILATION 32

2.2 EARLY MARRIAGE 35

2.2.1 CONSEQUENCES OF EARLY MARRIAGE 39

2.3 WIDOWHOOD PRACTICES 47

2.3.1 THE NATURE OF WIDOWHOOD PRACTICES 48

2.3.2 RITUAL AT DEATH AND FUNERAL 49

2.3.3 RITUAL SECLUSION – INO NA NSO 52

2.4 SUCCESSION 55

2.4.1 IGBO CUSTOMARY LAW OF SUCCESSION 58

2.4.2 YORUBA CUSTOMARY LAW OF SUCCESSION 62

2.4.3 ISLAMIC LAW OF SUCCESSION 63

2.4.4 BENIN CUSTOMARY LAW OF SUCCESSION 64

CHAPTER THREE 67

3.1 VIOLENCE AGAINST WOMEN 67

3.2 FORMS OR TYPES OF VIOLENCE 72

3.2.1 PHYSICAL VIOLENCE 72

3.2.2 SEXUAL VIOLENCE 73

3.2.3 EMOTIONAL VIOLENCE 75

3.2.4 PSYCHOLOGICAL VIOLENCE 76

3.2.5 CULTURAL VIOLENCE 79

3.3 CAUSES OF VIOLENCE 80

3.4 CONSEQUENCES OF VIOLENCE 82

3.5 INTERNATIONAL LEGAL FRAMEWORK 82

3.5.1 GENERAL HUMAN RIGHTS INSTRUMENTS: 82

3.5.2 WOMEN FOCUSED INSTRUMENTS 83

3.6 DOMESTIC LEGISLATIONS 92

CHAPTER FOUR 95

4.1 CONCLUSION AND RECOMMENDATIONS 95

4.2 RECOMMENDATIONS 97

4.2.1 REFORM OF CUSTOMARY LAW 98

4.2.2 ENLIGHTENMENT PROGRAMMES FOR WOMEN 99

4.3 MASS ENLIGHTENMENT CAMPAIGN 100

4.4 ROLE OF THE JUDICIARY 100

4.5 FREE LEGAL AID FOR MATTERS RELATING TO RIGHTS OF WOMEN 101

4.6 ECONOMIC EMPOWERMENT OF WOMEN 102

BIBLIOGRAPHY 103