4.

1 IGBO CUSTOMARY LAW

The Igbo people are concentrated in five Eastern States of Nigeria. These States are Abia,
Anambra, Ebonyi, Enugu and Imo.1 Generally, the Igbo people of these states speak a common language
through with local dialectical variations but to a large extent they (Igbo’s) have similar social systems. 2

Seasoned authors/ scholars3 have written extensively on the customary law and some variations of the
general rules. This study, in examining the Igbo customary law, places reliance mainly on the Customary
Law Manual4 of the laws of Anambra and Imo States.

From childhood, every Igbo girl is taught that their role in life is to be domestic. She must learn from her
mother how to cook, clean, farm and do everything to maintain her house/ home. And when she is
married, she must learn to obey her husband’s wishes and continue to do well in her domestic sphere.
She must also learn to respect restrictions set by men in social and public spheres. 5

A boy is expected to spend more time with his father after early childhood to learn things that men do
like farming, hunting, wrestling and other physical activity that will boosts his masculinity. Male children
are also expected to be assertive, verbal, clear in their ambition and unequivocal as to the role others
will play towards encouraging or hindering their goal.6 Igbo women are not allowed to cultivate the
same kinds of crops as men. For example, the cultivation of yam which became the principal component
of Igbo economy was of ultimate importance, and was therefore given a ritual and symbolic importance
in most Igbo society. The spiritual and economic importance of this crop made its cultivation exclusive to
men.7

However, women are allowed to cultivate cassava which is mostly eaten during the period of famine
preceding the yam harvest. This women’s crop, the cassava, is planted after the men’s crop, the yam has
been harvested. Women are also allowed to plant and sell other seasonal crops like vegetables,
cocoyam and fruits so as to provide food for the household.8 Proverbs, stories and drama are other
reminders of the subjugating position women have been placed in traditional Igbo society. Most Igbo
1
1999 Constitution of the Federal Republic of Nigeria, CAP C23 Laws of the Federation of Nigeria 2004.

First Schedule Section 3.

2
Green M.M., Igbo Village Affairs (Frank Cass 1964); Nsugbe Phillip. O, Ohaffia- A Matrilineal Ibo People (Oxford University
Press, London, 1974).

3
Okoro Nwakamma. The Customary Laws of Succession in Eastern Nigeria and the Statutory and Judicial Rules

4
Manual of Customary Law, Op.cit.

5
Cheng (n 5 above) 27.

6
Cheng (n 5 above) 38.

7
Korieh C Widowhood among the Igbo of Eastern Nigeria. <http://www.ub.uib.no/elpub/1996/h/506001/korieh/chima.html> (accessed 18 July
2023).

8
Korieh (as above).
proverbs portray women as selfish, ungrateful, unreliable, stupid and weak. Examples of some of these
proverbs are;

I. Onye jiri nwanyi buru ibu bu isi-adighi aju (it is hopeless to depend on a woman)
II. Eri ago mere umunwanyi agbala afufu onu (women do not grow beards due to their habitual
denials of favors done to them)
III. A n’emere nwanyi, o n’emere onye di ya mma (never trust a woman)
IV. O naghi adi mma a gbacha oso ka nwoke e bie ya ka nwanyi (it is not proper to run a race with
the strength of a man and finish with the weakness of a woman)
V. A n’echere nwanyi, o n’eche kwa uri ya (women are vain)
VI. Nwa agbogho sin ne ya n’otu nwoke ka ya n’agara onwe ya, o wee tuburu ya raa. Nne ya wee si
ya gaa rakwuru. O gaa, a rachie ya ozo. (a young lady told her mother she was raped by a boy,
her mother asked her to go back and retaliate. She went back and “retaliated”) this proverbs
portrays women as being stupid.

The patrilineal structure of Igbo society discriminates against women by granting more powers and
privileges to men in religious and socio-political institutions of Igbo society9 Examples of such
discriminatory practices include the exclusion of women from participating in meetings, especially
meetings where decisions that affect women in the community are made, the denial of rights to hold
traditional titles which bestows them with authorities to perform religious ceremonies or pass laws that
could provide access to patrilineal, spiritual, and economic resources (particularly land), 10 and most
importantly, the exclusion of women from the inheritance of family assets.

The exclusion of women from these important institutions of society continue to undermine the interest
of women, thus, encouraging the continuous violation of women’s right to inheritance in the Igbo
culture. This system has continued to perpetuate asymmetric power relations between men and
women.11

These discriminatory practices against women in Igbo society have financial, economic, social and
psychological impacts on women.

One of the excuses from men for discrimination in land inheritance is exogamy, as the men claim that
allowing women to inherit land would result in a transfer of family land to another lineage, if in the case
of a daughter, she marries, or a widow, she re-marries.12 Some of the reasons men have given for their
strong belief and support of women not inheriting land are flimsy as Emeasoba observes. They include;
9
There are some exceptions among Igbo sub-groups found in present Abia State., where matrilineal practices are common.

10
K Henderson, Onitsha Women: The Traditional Context for Political Power (1997) 215-243 Annals of the New York Academy of Sciences,
Volume 810, Issue 1 and Henderson, R.N The King in Every Man: Evolutionary Trends in Onitsha Igbo Society and Culture, New Haven (1972)
Yale University Press.

11
The Supreme Ordinance No.6 of 1914 gave permissive expression to the operation of customary as part of Nigerian legal
system.

12
Emeasoba Uche “Land ownership among the Igbos of south east Nigeria: A case study for women land inheritance” (2011)
Journal for Environmental Management and safety 98.
 I. Women are not intelligent enough to make wise decisions when it pertains to issues bothering
on land.
II. Women cannot own properties because they themselves are properties.
III. Land is for family inheritance and by tradition; women are not regarded as family but are on
transit, and so should not own land.
IV. Female children will disrespect their husbands if they are allowed to inherit land form their
fathers and this will make them impatient in their marital homes and leave at the slightest
provocation.13

13
Emeasoba (as above).