Introduction
Widowhood is a deeply emotional experience. While many families offer support and compassion, some widows in Nigeria still face degrading rituals, eviction, disinheritance, and humiliation.
Nigerian law, however, has evolved significantly. Harmful widowhood practices are no longer shielded by “custom” where they violate constitutional rights. This article explains the legal protections available to widows and daughters, the impact of landmark Supreme Court decisions, and the criminal consequences of harmful practices under modern legislation.
Widowhood Practices in Nigeria: Culture vs. Legality
Nigeria’s diverse ethnic communities have varying widowhood traditions. Some are dignified and supportive. Others are harmful and dehumanising.
Reported harmful practices include:
- Forced shaving of hair
- Confinement for extended periods
- Mandatory mourning attire for prolonged durations
- Compulsory participation in degrading rituals
- Forced remarriage to a relative of the deceased (levirate marriage)
- Eviction from the matrimonial home
- Denial of access to property or inheritance
When such practices infringe on a widow’s dignity, liberty, or property rights, they are unlawful.
Custom does not override the Constitution.
Constitutional Protections
The 1999 Constitution of the Federal Republic of Nigeria (as amended) is supreme over all customs and traditions.
Key provisions include:
- Section 42 – Freedom from discrimination, including on the basis of sex
- Section 34 – Right to dignity of the human person (prohibits inhuman or degrading treatment)
- Section 43 – Right to acquire and own immovable property
Any customary rule that conflicts with these provisions is void to the extent of its inconsistency.
The Violence Against Persons (Prohibition) Act, 2015 (VAPP Act)
The VAPP Act provides direct statutory protection against harmful widowhood practices.
- It applies in the Federal Capital Territory.
- As of February 2026, it has been domesticated in 35 states.
Section 15 – Harmful Widowhood Practices
Section 15 criminalises subjecting a widow to harmful traditional practices.
Upon conviction, offenders may face:
- Imprisonment for up to two years;
- A fine of up to ₦500,000;
- Or both.
Attempts, incitement, or aiding such acts are also punishable.
Related provisions of the Act address:
- Forceful ejection from the matrimonial home
- Emotional and psychological abuse
- Economic abuse
Harmful widowhood practices are therefore not merely immoral—they may constitute criminal offences.
Landmark Supreme Court Decisions
Nigerian courts have decisively affirmed women’s inheritance rights.
Mojekwu v. Mojekwu (1997)
The Court rejected the “Oli-ekpe” custom of Nnewi, which excluded female children from inheritance in certain circumstances, holding it inconsistent with principles of justice.
Ukeje v. Ukeje (2014)
The Supreme Court declared that any customary law excluding female children from inheritance is unconstitutional. The Court affirmed that a female child is entitled to inherit from her father’s estate.
Anekwe v. Nweke (2014)
The Court condemned the eviction of a widow from her matrimonial home on the ground that she had no male child, describing such a custom as unacceptable.
Together, these decisions confirm that discriminatory inheritance customs are void.
Legal Rights of a Widow
Under Nigerian law, a widow has the right to:
- Dignity – Freedom from degrading or harmful rituals
- Residence – Protection against unlawful eviction from the matrimonial home
- Inheritance – A lawful share of her husband’s estate
- Maintenance – Financial support where applicable
- Custody and guardianship – Subject to the best interest of the child
- Access to justice – The right to challenge unlawful conduct in court
A widow may seek redress through civil proceedings and, where applicable, criminal complaints under the VAPP Act.
Practical Steps for Widows and Families
- Consult a qualified lawyer promptly after the death of a spouse.
- Ensure proper documentation and inventory of the deceased’s property.
- Apply for Letters of Administration where there is no Will.
- Report harmful practices to law enforcement authorities, particularly in states where the VAPP Act is in force.
- Encourage estate planning through valid Wills to prevent disputes.
Legal awareness remains essential to effective protection.
Conclusion
Widowhood should never result in oppression or loss of dignity. Nigerian constitutional law, statutory protections, and Supreme Court judgments clearly affirm that harmful widowhood practices and discriminatory inheritance customs are unlawful.
The law now stands firmly on the side of equality, dignity, and justice.
Widows and daughters are not second-class citizens under Nigerian law.