Women's Property and Succession Thereto in Modern Ibo Law (Eastern Nigeria)1

S. N. C. Obi

doi:10.1017/S0021855300004137

Women's Property and Succession Thereto in Modern Ibo Law (Eastern Nigeria)1

Published online by Cambridge University Press: 28 July 2009

S. N. C. Obi

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In the few “matrilineal” societies of Afikpo and Ohafia, women have full legal capacity to own land (insofar as land can be owned by anyone in these areas);.and to transmit their rights and interests to others either inter vivosor at death.3 The discussion which follows must, therefore, be understood as relating exclusively to the patri-lineal societies which in fact constitute the bulk of Iboland.

Type: Articles
Information: Journal of African Law , Volume 6 , Issue 1 , Spring 1962 , pp. 6 - 18

DOI: https://doi.org/10.1017/S0021855300004137 [Opens in a new window]
Copyright: Copyright © School of Oriental and African Studies 1962

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^{page 6 note 3} Chubb, , Ibo Land Tenure, Zaria, 1943, para. 41.Google Scholar

^{page 6 note 4} Ibo Land Tenure, p. 7.

^{page 6 note 5} See Green, M. M., Ibo Village Affairs, London, 1948, passim.Google Scholar

^{page 6 note 6} Forde and Scott, Native Economies of Nigeria, London, 1946, p. 66.Google Scholar

^{page 7 note 1} Forde, and Scott, , Native Economies of Nigeria, London, 1946.Google Scholar

^{page 7 note 2} Notes on Land Tenure in Benin…Divisions, section on Agbor, para. 99.

^{page 7 note 3} Land Tenure in Nigeria(1957), p. 186; italics mine.

^{page 7 note 4} See “III. Succession to women's property“, at pp. 12–18, post.

^{page 7 note 5} Forde and Scott, Native Economies of Nigeria, pp. 66–7.

^{page 7 note 6} As distinct from feminine modesty.

^{page 8 note 1} Or loan.

^{page 8 note 2} This discussion excludes her rights, etc., in her personal land. See above.

^{page 8 note 3} Land tenure, p. 33.

^{page 8 note 4} Umu ada, umu okpu.

^{page 9 note 5} Green, op. cit., p. 33.

^{page 9 note 1} Ibid., p. 34.

^{page 9 note 2} Always assuming that there is community land available.

^{page 10 note 1} “Family” here includes her place of birth.

^{page 10 note 2} On the position of such children if female only, see pp. 12–18, post.

^{page 11 note 1} “Ghost” or otherwise.

^{page 12 note 1} This may be given before or after the transaction, and may even be presumed to be forthcoming.

^{page 12 note 2} Legal or moral.

^{page 12 note 3} Though spelt the same, the Ibo words for kola nut and iroko trees respectively are pronounced differently. The second syllable in the word for iroko is much lower in tone.

^{page 12 note 4} E.g. any children born to them subsequent to their husband's death are legitimate children of those husbands; they retain their right of occupation and use over some, at least, of their late husbands' landed property, etc.

^{page 13 note 1} I.e., of the same father but different mothers. Half-sisters in the sense of daughters of the same mother by different fathers do not come in at all except perhaps where the second father was of the same family as the first so that there has been “widow-inheritance”. Even here sentiment, not law, is at work.

^{page 13 note 2} There could be no legal divorce under customary law till the marriage consideration (“bride-price”) has been refunded.

^{page 13 note 3} These have the same definition as half-sisters (f.n. 1) with the sexes changed.

^{page 14 note 1} This class includes money and animals.

^{page 14 note 2} Such a child has no legal relationship to his natural father and can never succeed to any of his property on intestacy. The position, would, however, be quite different if he were later legitimated by subsequent marriage between his “parents”. But the question whether or not legitimation is recognized by Ibo law, fascinating as it is, falls outside the scope of this article and cannot be pursued here.

^{page 15 note 1} Meek, Land Tenure…in Nigeria…, p. 186.

^{page 15 note 2} E.g., it is his duty to defend them or sue for the appropriate remedy in case of detinue, conversion, or trespass.

^{page 16 note 1} Cf. Harris, “Papers on…Ozuitem Ibos” in (1943) Africa, at pp. 12 ff, 302 ff.

^{page 16 note 2} Meek, op. cit., p. 186.

^{page 16 note 3} 11 N.L.R. 134.

^{page 16 note 4} Elias, Land Law (2nd ed.), p. 233, quoting Meek, Tribal Studies in N. Nigeria, Vol I, p. 415.Google Scholar

^{page 17 note 5} Cf. Forde and Scott, Native Economies 0f Nieria, pp. 66–7; Meek, Ibid., p. 186.

^{page 17 note 1} Meek, and Forde and Scott use the term trustee”.

^{page 17 note 2} Forde and Scott, Native Economies of Nigeria, pp. 66–7; Meek, op. cit., p. 186.

^{page 17 note 3} As we saw above, marriage under customary law is not dissolved by the death of either spouse. To do this there must be either a formal dissolution and re-marriage within the late husband's family, or a refund of the marriage-consideration (bride-price).

^{page 17 note 4} Or grandsons (= sons' sons), for these succeed in their father's stead.

^{page 17 note 5} Akuas “property” does not include land and may be called “personalty”.

^{page 17 note 6} And to discharge her onerous and expensive duties in connexion with her mother's funeral and “second-burial” rites.

^{page 18 note 1} Or their male issue.

^{page 18 note 2} The chief share going to the first-mentioned.

^{page 18 note 3} Ibid.

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Women's Property and Succession Thereto in Modern Ibo Law (Eastern Nigeria)1

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