CHAPTER ONE: GENERAL INTRODUCTION

  Introduction

Customary Land law in Nigeria from earliest time is one of the oldest systems in Nigeria that remained relevant until the coming of the Europeans in the late 19th century. Customary land law and in Southern Kaduna predates the time of the creation of the place referred to today as  ―Southern  Kaduna‖.  The  historical  background  of  customary  law  in  relation  to  land  in Southern Kaduna is similar in some areas to other customs indigenous to Nigeria. However some minor differences exist, particularly as regards the right of women to own immovable property,

i.e. real property rights of women in Southern Kaduna, which forms the basis of the entire discussion in this work.

The term ―right‖ refers to the freedom and liberties of human beings to live with dignity.

―All  human  beings  are  born  free  and  equal  in  dignity  and  rights‖¹.  Women‘s  right  as  a  term refers to the freedoms inherently possessed by women and girls of all ages, which may be institutionalized, ignored or illicitly suppressed by law, custom and behavior in a particular society². These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for the male folk. Although the activism surrounding this issue claims an inherent historical and traditional prejudice against the exercise of rights by women, but nonetheless, the emergence of municipal, regional and international laws over time have indeed relegated this claim. Women‘s right is usually associated with the right: to vote (universal suffrage), to own property, and to marital, parental and religious freedom.³ This work centers on women‘s right to property especially under the customary law of the people of Southern Kaduna in Nigeria. Upon her marriage, customary law entitles a woman to the provision of a home by her husband, even though a woman under some customs is treated like a property and subject of testamentary disposition⁴. While married to her husband, she is entitled to use such chattels as provided by him and to farm and harvest from any portion of the land which is allotted to her. Her right, however, is not proprietary for she evidently cannot hold or dispose of any part of the property.⁵ She does not by virtue of her marriage become co-owner or joint-owner of her husband‘s property nor does her marriage secure for her the right to inherit such property on her husband‘s death⁶.The above is the position in Southern Kaduna state in Nigeria. As Justice OPUTA puts it: ―A woman cannot own land in her own right in many communities as custom of such communities demand. She only has custody of any piece of land the husband permits her to cultivate or else holds any land in trust for her male children only…