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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