Gender Equality and Inheritance Rights in Nigeria: A Comparative Study of Idum Mbube Customary Law and Biblical Jurisprudence

Abstract

Inheritance remains one of the most contested areas of customary law in Nigeria, particularly concerning women's access to family property. Although the Constitution of the Federal Republic of Nigeria guarantees equality and freedom from discrimination, many indigenous customary inheritance systems continue to exclude daughters and widows from inheriting landed property. Among the Idum Mbube people of Ogoja Local Government Area of Cross River State, inheritance traditionally follows a patrilineal succession model that privileges male descendants while restricting women's proprietary rights. This practice raises significant legal and human rights concerns in light of constitutional guarantees, judicial pronouncements, and Nigeria's international obligations. This article comparatively examines the inheritance principles of Idum Mbube customary law alongside biblical jurisprudence, with particular emphasis on the account of the daughters of Zelophehad in Numbers 27:1–11. The study adopts a doctrinal legal research methodology by analysing constitutional provisions, statutes, judicial authorities, customary law principles, biblical texts, and relevant scholarly literature. It argues that although both customary law and biblical tradition recognise the importance of preserving family inheritance, biblical jurisprudence demonstrates a progressive recognition of women's inheritance rights where justice and equity demand. The article concludes that discriminatory customary inheritance practices are inconsistent with constitutional guarantees of equality and contemporary human rights standards. It recommends legislative intervention, community-based legal reforms, judicial enforcement, religious reorientation, and public legal education as mechanisms for harmonising customary inheritance practices with constitutional principles and biblical ideals of justice, dignity, and equality.