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Category Archives: Divorce

Divorce Your Wife, Lose Your Home to Her

by Kyenpya Katkuk Esq

In the light of the recent event celebrating women on International Women’s day all over the world on the 8th of March as recognised by the United Nations, women are not only celebrated on how far they have come in the society, in politics and in the economy but it’s also a time for reflecting on the sexism that affects women, a time to raise awareness of continued inequality as well as the achievements of combating inequality.

 

There is no place in the world where women have the same opportunities as men and in so many countries the rights of women and their opportunities are limited by law. The belief that patriarchy is so entrenched in the Nigerian system and the fact that women are unable to exercise their rights have been an erroneous one especially by those ignorant on the rights provided under the law.

 

However, this issue of a woman not having rights to property due to cultural beliefs has been disproved of recent and it has been an uplifting moment in the lives of women in Oyo State, Nigeria.  In the recent decided case, by the presiding Justice Munta Abimbola , the courts held that “ a husband who marries a wife and builds a house during the pend-ency of the marriage stands the risk of losing the house if he later divorces the woman who had children for him unless such woman of her own volition, leaves the matrimonial home”. The presiding Justice whilst ruling on the matter also emphasised on what is known as “palm tree justice”, which indicates that “it doesn’t matter in whose name the property stands or who pays what (on the property) and in what proportion as determination of such matters transcends all rights, legal or even equitable but simply what is fair and just ‘’ in the circumstances of the case.

The basis of this judgement was made under the provisions of the Married Woman’s Property Act 1882.  Furthermore, Section 17 Married Women’s Law of  Oyo State, Cap 83 and Laws of Oyo State 2000 gives a court the discretion as it thinks fit on the issues of title of possession to property. Section 18 Married Women Law of Oyo State also allows the court to treat property as joint property especially where it has to do with a matrimonial home.

 

Conclusively, it could be said that there is significant progress on the application of legal provisions and precedents regarding property rights that affect women inspite of the system of marriage laws (customary, Islamic and statutory marriage). The parties in the decided matter happen to be married under customary law and so this could mean that a woman is entitled to having an equal share of property in the event of divorce, regardless of whether she is married under customary law or statutory law.

 

This is also a good reflection of international instrument , the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly Article 5 ,which refers to how women should not be confined to culturally defined constructions. It recognises that all human beings are equal and have equal rights and deserve equal respect for their human dignity.  Gender stereotypes should not deny women the right to be treated respectfully as an equal. Therefore, this landmark ruling is a significant in combating inequality as it affects women.

 

Kyenpya Katkuk is a lawyer with the Coalition Of Lawyers for Human Rights  (COLaHR).

 

 

 

 

 

 

 

 

 

 

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