CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO CUSTOMARY LAW AND RELIGION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN
TITLE | MAIN ISSUES |
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Women and Access to Healthcare/Religion – Woman-patient under medical treatment – Where patient is a member of God’s Kingdom Society, aka Jehovah’s Witnesses – Doctor-patient relations – Whether doctor has a duty to respect patient’s religious convictions while under his care – How treated – Limits thereof |
OWONYIN V OMOTOSHO | Women and Customary law – Title to land – Role of women in securing traditional history and survival of their clan |
PRINCEWILL EYO ASUQUO & ORS. v. MRS. GRACE GODFREY EYO & ANOR | Women and Real Estate/Property – Widow – Security of residential accommodation and customary law practices – Protection of interest in property enjoyed by deceased spouse – How treated |
S. J. ADESEYE AND OTHERS V S. F. TAIWO AND OTHERS | Children and Inheritance/Customary practices/Justice Administration – Succession to property under Yoruba customary law – Right of children of deceased vis a vis claims of relatives – Whether can be affected by a past compromise arrangement not given effect to |
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Children/Women and Justice Administration/Human Rights – Paternity of child – Legitimacy and legitimation – Burden of proof placed on women in the legitimation process Children/Women and Customs/Religion/Healthcare– Effect of loss of paternity on a child in Islamic communities – Pregnancy predating marriage – Child born after late term abortion (7 months) ordered by father was refused in order not to endanger the health of mother – Islamic law privilege of putative father to condemn a child as sole responsibility of the mother through the making of a mutually deprecatory oath without the necessity of a court order – Validity of – Implications for wellbeing of child and mother |
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Women and customary law/Justice Administration – Education of women and effect on arranged Marriages where love never developed – Bride price and other expensive marriage celebrations under customary law – Whether it promotes/perpetuates the treatment of married women as chattels – Effect on marital relations – Implications for stability of family life and divorce rates – Whether “there is a crying need for a change in customary law of marriage across Nigeria” – Whether the applicability of the Marriage Act for all intents and purposes is foreign to any of the sectional customary laws in Nigeria |
UDENSI V. MOGBO | Women and Justice administration/Customary Inheritance Practices – Protection of the inheritance rights of female heirs of a deceased person who died with male heir – Invocation of equitable and trust principles –
Women and Customary Law – Practices precluding female heirs from inheriting the estate of their fathers – Attitude of courts thereto – Women and Real Estate/Land – Legal and equitable reliefs available to the vigilant |
UMUNNA V QUEEN | Women and Customary marriage practices/Healthcare – Unhappy marriages and customary methods of resolving quarrels between couples – Wife murdered by husband with about 10 blows of the machete – Whether running away or denying sex to husband amounted to provocation – Practice of summoning the police to a woman bleeding to death instead of emergency services – Absence of emergency medical services |
UWELE V THE QUEEN | Children and Human Right/Customary Law – Twin-killing – Killing of twin babies by father – Customary abhorrence of twins – Participation of women and general community – Whether an acceptable defence to charge of murder – Attitude of court thereto
“An old woman Nwofuko Edene, whom the Chief Justice described as “a shrivelled, bent, and almost blind old woman, barely capable of walking” said the applicant came and called her in her house and told her that his wife had delivered twins. She went with him to his house and saw the twins. She said that the applicant put the two babies, crying, in a pot, carried it, and asked her and one other old woman Ugbala Ago, to follow him. After they had gone a long distance the applicant went into the bush and after some time returned without the pot and the babies, and they returned home. The babies have not been seen again since.” Per Mbanefo F.J |
UZOR V THE QUEEN | Women and Adultery/Religion and customary practices – Sexual interference with wife of another leading down to murder – Inter-family brokered settlement agreement to propitiate the household god of offended husband by providing certain articles for sacrifice – Part performance, quarrel arising subsequently – Whether relevant in murder proceedings – How treated by Court |
VANDERPRUYE V. VANDERPRUYE | Women/Children and Succession under customary law– Female line of descent – Attitude of court thereto |
WAGGA v. QUEEN | Women and Justice Administration/Customary Law – Wife-Killing – Mother of 4 children who left husband to move in with another man but was ordered by local court to return to 1st husband as current lover was unable to pay back bride price – Woman’s throat slit on the night of the day she returned home – How treated |
WARABI ALAO V. OLADEJO AJANI | Allocation of family land under customary law– Extent of rights validly exercisable by allottee and successors/heirs – Whether extends to alienation of interest in property to third party |
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