Securing Widows' Sepulchral Rights through the Nigerian Constitution

This article discusses the subject of widows' sepulchral rights in sub-Saharan Africa, specifically focusing on a widow's right to determine the time, place and manner of her husband's burial. In customary law in Nigeria, the right of burial belongs to the family as a whole, and it is rare that a widow will be the head of family and have control over burial rights. On the contrary, she is often regarded as chattel. Although customary law is partly to blame, the issue also stems from statutes and common law inherited from England. One remedy is to repeal or amend existing laws. But the author argues that sepulchral laws, if applied horizontally, are already guaranteed by the Nigerian Constitution. The article looks at cases where this has been done and also argues that customary law could be challenged as unconstitutional.

Remigius N Nwabueze, Securing Widows' Sepulchral Rights through the Nigerian Constitution (2010) 23 Harv Hum Rts J 141.