Wednesday 26 February 2014

WIDOW : RIGHT THEY DO HAVE...........



A widow is any woman who has lost her husband to the cold hand of death. The right of a widow under the native law and tradition of the Yorubas is that a widow is part of the husband’s estate to be administered or inherited and cannot inherit her husband’s estate neither is she entitled to apply for a grant of letter of Administration of the deceased estate but may sue successful on behalf of her infants as their next friend AKINNUBI V. AKINNUBI & ORS

The Nigerian customs and tradition believe that a widow should be shared along with the estate of the deceased, under the said custom and tradition only the children of the deceased can inherit the deceased estate YUSFF V. DADA (1990)4 NWLR PT 147, also ADISA V. LADOKUN (1973)9&10 SUPREME COURT.

The position is different in case of a woman married under the Matrimonial Causes Act, section 49 of the Administration of Estate law of Lagos State  1999 provide for right of inheritance to a woman arried under the act.

It is important that we all try to be married under the act, it is not compulsory but good, you can still go to the registry irrespective of your years of marriage and how many children you have had.

There is also good news for those that are married under our various native laws and custom as the Constitution of the Federal Republic of Nigeria frowns at barbaric treatment of widows simply because she did not married under the act but note that the provision of the constitution or law enforcement agencies will not come looking for or knocking at widows door to know how widows are treated.

It is important you report all intimidation s and barbaric treatment by either friends, uncles, sisters, brothers or nieces of the your late husband.

In fact the native law and custom is a natural law and custom, a mirror of acceptance usage as it is as may be subject to motives of expediency and it is certainly adaptable to changing circumstance LEWIS V. BANKOLE.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL

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