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VIOLATION OF WOMENS RIGHTS IN OKRIKA LGA

CHAPTER ONE

INTRODUCTION

1.1 Background of the study

Okrika clan is one of the ancient city states of the Niger Delta, it existed as an entity with its rich culture and tradition before the advent of Christianity and colonialism. The clan is made up of three (3) Local Government Areas in Rivers State namely:

     Okirika Local Government Area (WALGA)

     Ogu/Bolo Local Government Area and

     Part of Port Harcourt City Local Government Area by the Hargrove agreement of 18th May 1913 between leading chiefs and headmen of the various communities which owned Port Harcourt on the one hand, and Alexander George Boyle and Saint George, Deputy Governor of the colony and protectorate of southern Nigeria on the other hand. (Awoala, 1980) Opuogulaya 1975). The clan is made up of nine (9) major towns and over 40 villages.

Okarika clan is a society driven by gender bias; talking about gender equality is like a taboo. There is a great disparity between male and female folks in every sphere of life.  Females are regarded as second class citizens as they cannot even stand up to talk in the gathering of men no matter how highly educated.  The advent of civilization and Christianity do not change things much.  Osarenren (2014) has this to say on gender equality; “men and women are not the same and cannot be, but have the same value as human beings and so should be treated and valued equally”. This assertion does not hold water in Okrika clan as the male folks are held on a high esteem in every sense of it. Male children are preferred by couples over female as family names are upheld by male children; family estates and inheritance generally are controlled by the males. Females have little or no say when it comes to family inheritance.

The researchers would rather borrow the words of Alwell in Animal farm which says. “All animals are equal but some are more equal than the others”. This saying is more appropriate to describe what obtains in Okrika clan. Men are more equal than women as the right to inherit family estates and properties is vested in their hands.  Levy and Pinto (2012) emphatically noted that for centuries, women have been disinherited from family wealth because of cultural traditions and religious rules that suggested, female social role does not require an inheritance. They went further to say that religious or traditional testators still adhere to this belief exercising their testamentary freedom.  The researchers are of the opinion that the law should not protect gender-biased bequests, as they are contrary to public policies.  Moreover, Nigeria law embedded in the constitution of the Federal Republic of Nigeria (1999) recognizes freedom, equality and justice of her citizens in clear terms in chapter II, No.17 article (1) (2) in the following excerpt; 

The state social order is founded on ideals of freedom, equality and justice. (2) in furtherance of the social order.

(a)   Every citizen shall have equality of rights, obligations and opportunities before the law;

(b)   The sanctity of the human person shall be recognized and human dignity shall be maintained and enhanced,

(c)    Government actions shall be humane,

(d)   Exploitation of human or natural resources in any form, whatsoever for reasons, other than the good of the community shall be prevented and of the independence, impartiality and integrity of courts of law, and easy accessibility thereto shall be secured and maintained.

1.2 Statement of the problem

Gender bias to equal distribution of inheritance should be seriously frowned at within the doctrine of freedom, equality and justice. We should draw a balance in conflicting interest when it comes to inheritance. We should stress the values of dignity, self-respect, autonomy and participation in the family property and continuity of the family name.  According to Levy & Pinto (2012) these values are balanced against the freedom of religion and culture. In the same vein Levy (2010) claimed that there are several religious groups that order a specific distribution of estate, which includes disinheritance of daughters in favour of sons. She said a testator’s choice to follow this rule presents a fascinating intersection of conflicting values, world-views and belief systems. She examined three types of systems, continental law of forced heirship, family provision, jurisdictions and testamentary freedom systems.

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