AJLHR 5(2) 2021

SOME WIDOWHOOD PRACTICES AS VIOLENCE AGAINST NIGERIAN

WOMEN*

Abstract
In Nigeria communities, there exist cultural demands that upon the death of a man, his
widow should go into seclusion, have her hairs shaved, locked up in small dark rooms, not
allowed to take her baths or change cloths, not to brush her teeth or wash her hands, etc.
These are termed ‘widowhood practices’, which are the off shot of high level inequality
between both sexes as practiced in the patriarchal societies in Nigeria. They form part of
the basis for the denial of some basic human rights of Nigerian women and the subjugation
of women to men’s rule. These practices having existed in Nigeria for centuries are son
accepted such that the primary enforcers of these practices are women themselves.1 In spite
of the health challenges attributable to widowhood practices and the efforts made globally
to eradicate same, evidence abound that these practices are still thriving in Nigeria. It is
obvious that women cannot prosper in societies where there are gender discriminations,
inequality and injustice. This paper critically examined widowhood practices in Nigeria
and found out that these Customary Law based practices are barbaric, atrocious,
backwards, immoral, and abusive violation of women’s human rights. Recommendations
were made on how to completely eradicate widowhood practices in Nigeria.

Keywords: Culture, Human Rights, Inequality, Nigeria, Subjugation, Violation,

Widowhood Practices

1. Introduction
It traditional Nigerian societies, Customary Laws are strictly embraced as the mirror of
accepted usage of the members of the particular community concerned. These Customary
Laws are not bereft of social stratification, discriminations, prejudices and injustices
against the women folk who these laws conceptualized as being inferior to men. As such,
women are made to face degrading and inhumane treatment by the male dominated
Nigerian societies so as to perpetually subjugate women under men’s dominance. These

*By Samson Obi UMEH, PhD, Private Legal Practitioner at Osuohia Zion Legal Consult, 127 Wetheral Road,
Owerri, Imo State. E-mail address: elisarahumehsam@yahoo.co.uk. Phone number: 08036778342;
Sarah Igbokwubiri UMEH, PhD, Associate Professor of Microbiology, and Acting Head of Department,

Department of Environmental Health Sciences,Federal University of Technology, Owerri, Imo State. Phone
number: 08063365313;
Aloy OJILERE, PhD, Senior Lecturer, Faculty of Law Imo State University, Owerri, Imo State, Email:

aloyojilere@yahoo.com. Phone: 08033277550; and

Anno Domini Chukwumaeze SAMSON-UMEH, a Solicitor with Osuohia Zion Legal Consult, 127

Wetheral Road, Owerri, Imo State. Phone number: 08068643793.

1A Ajai et al. (2019) Gender Violence and Human Rights: An Evaluation of Widowhood Rites in Nigeria’. In

(ed.) E Amaoo, Covenant University Discourse on Sustainable Development’, Cogent Arts andvaluation of
Humanities (2019), p.1, available at http://doi.org/10.1080/23319832019.1676569 accessed 20th May, 2021.

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UMEH, UMEH, OJILERE & SAMSON-UMEH: Some Widowhood Practices as Violence
against Nigerian Women
societies formulated many devices such as widowhood practices, to achieve this selfish
ambition. A typical Nigerian widow is thus traditionally required to undergo series of
mourning rites which represent enduring period of deep rooted agony, seclusion, exclusion,
anxiety, depressions, restitution, trauma, insecurity, pain as well as other attendant social
and health implications on the mourning widow. Another cover up behind widowhood
practices is that a widow is the primary suspect over the death of her husband and as such
be must be turned into an object of maltreatment from the time the death of her husband.
Such a widow must therefore have her status traditionally changed from womanhood to
widowhood as a result of these cultural expectations, norms and deprivations. Even the
widow’s children, who are made to become less protected by reason of their mother’s
ordeal, partake in their mothers pains especially in cases where these young children are
chased out of their father’s houses with their mother. This no doubt poses serious security
and economic challenges to the society at large. This study examines forms of widowhood
rites practiced in Nigeria with a view to unmask the reason and persons behind these
practices, health challenges associated with widowhood practices, and criticize widowhood
practices as violence against Nigerian women. Recommendations shall be made on the
ways to nip Widowhood Practices in the bud.

2. Widows and Widowhood Practices

Under the Nigerian context, a widow is referred to as ‘a married female under the native
law and custom or under the Marriage Act, Islamic or Christian religious marriage, or any
other marriage recognized in Nigeria, whose husband is late and such female has not
remarried’.2 Under the Igbo customary laws for instance, a woman becomes a widow
otherwise known as Nwanyi Isi Mkpe or Ekpe upon the death of her husband.3 She stands
to be addressed as such because she is a woman without a head; her deceased husband
being her head is no more.4 This situation is the same in all the patriarchal societies of
Nigeria made up of about two hundred million people, about two hundred and fifty ethnic
groups, six geopolitical Zone, thirty-six States and the Federal Capital Territory, Abuja,
women are regarded as chattels capable of being inherited and or, as appendages to their
husbands.5 Consequently, there are in existence some dehumanizing cultural practices
known as widowhood rites.6 Thus, upon the death of a man, his wife must be subjected to
certain traditional rituals known as widowhood rites in order to prove her innocence over

2 N Ihekwuaba & A Amasiatu, Influence of Widowhood Practices on the Psycho-Social and Physical Health
of Widow in Selected States of South–Eastern Nigeria’ European Journal of Research and Reflection in
Educational Sciences Vol. 4 No. 6, 2016, p. 49.
3 Ibid.
4 Ibid. P.50.

5 O Olarewaju, ‘Gender Identity and Justice in Nigeria: An Appraisal of Women in Lagos State’ The Journal
of Social Encounters: Vol. 2: Issue1, p.73.
6 A Ajai et al. ‘Gender Violence and Human Rights: An Evaluation of Widowhood Rites in Nigeria; Op. Cit.

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the death of her husband.7 It must be pointed out that the ritual practices accorded to the
deceased varies from the deceased’s status, and most times, cultural demands of the
community of the deceased, but those rites seem to be uniformly practiced in different
Nigerian communities, especially of Southern Nigeria.8 These widowhood practices shall
be discussed hereunder.

3. Profuse Wailing
It must be stated that because the labeling of a widow as Nwanyi Isi Mkpe or Ekpe
purportedly justifies her status, the rites of passage associated with widowhood practices
begin with the widow immediately engaging in traumatic wailing, beating of her chest,
flinging around her arms, falling down, and only to get up to repeat the cycle over and over
again until she is surrounded by other women who will expectedly restrain her and force
her to sit down on the ground where they will sit around her to commiserate with her.9 This
bitter wailing continues to go on until the deceased is buried, or the wailing will continue
every morning between the hours of 5:00 am to 6:00 am for about four days or one month,
as the case may be, demonstrating her grief and that she misses her husband immensely.10
In addition to this, it is the practice in some communities of Ebonyi State in the South–
East Nigeria that a widow is compulsorily expected to wail on a feast day, recounting aloud
to the hearing of neighbours what the deceased used to do for her on such a feast day. 11
Most times, the widow is forced to sit with her legs outstretched under the bed where the
corpse lies, isolated from family and friends, crawling over her husband’s corpse, sleeping
with the corpse, compulsory fasting on the day of her husband’s burial, sitting and lying
on bare floor and to take her bath in the dark or at a stream after the burial.12 Failure of any
widow to abide by these conditions will attract punitive refusal to shave the widow’s hair
by Daughters Association otherwise known as ‘Umuada’. 13

4. Seclusion and Other forms of Indecent Assault on Widows

Immediately after the burial of the deceased, the Daughters Association from the extended
family system of the deceased will forcefully scrape the hairs of widows with broken bottles,

7 Onwuejeogwu, M. An Igbo Civilization of Nri Kingdom and Hegemony (London, Publishing Corporation,
1981) p. 52.
8 C Chukwu et. al. ‘Violence against Women in Igboland, South–East, Nigeria: A Critical Quest for Change’,

International Journal of Sociology and Anthropology Vol. 6(2), 2014, p.49.

9 Ibid. P.50.
10 I Nnadi, ‘Legal Deterrent to Oppressive Widowhood Practices in Nigeria: An appraisal’, In Search of Legal

Scholarship (Essays in honour of Ernest Ojukwu), Abia State University Law Centre, p. 217.
11 C Chukwu et al. ‘Violence against Women in Igboland, South–East, Nigeria: A Critical Quest for Change’,

Op. Cit.
12 Ibid.
13Arinze-Umobi, C, Domestic Violence against Women in Nigeria: A Legal Anatomy, (Onitsha, Fo/Mech.

Printing Publishing Co. Ltd. 2008), p. 97-98.

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razor or some unsterilized metal implement.14 These widows are thus left unkempt, dirty,
unattractive and haggard, thereby rendering them helpless without any other option than to
submit to other forms of widowhood practices. 15 It has been observed that after the shaving
of widows’ hairs, they will immediately be secluded and locked up in small dark rooms where
they are expected to confess their roles in the death of their husbands.16 Such widows are not
allowed to take their baths, change their cloths, brush their teeth, or wash their hands.17 These
widows are forced to feed from unwashed plates used previously in serving them food, over
and over again, walk bare footed, they must not sleep outsider their homes and must not look
up themselves in the mirror.18 Besides, widows in mourning periods are also duty bound to
avoid elders who are custodians of their customs and traditions simply because these widows
are unclean.19 At a stage during the mourning period, these widows are usually sent to stream
by midnights to have their purification baths; after which each of them is given one set of
black sackcloth to wear when they will appear in public. 20 Apart from undergoing these
traumatic practices widows of Igbo, Bini people of Edo State, and Quas of Big Qua town of
Cross River state descents are in serious cases compelled to drink the water used in washing
the corpses of their deceased husbands, thereby swearing that they had in no way contributed
to their husbands’ death.21 Similarly, in some parts of Anambra State, there exists a
dangerous and a traumatic widowhood rite referred to as ‘Aja-ana-traditional rite’, whereby
a widow is expected to mate with a dwarf called Aja ana in the middle of the night, twelve
days after her husband’s death, supposedly to cut the widow’s link with the deceased
husband.22

It must be pointed out that upon the commencement of the mourning period, widows are
usually restrained from interaction with other women, their foods are prepared separately
from that of others, they are made to eat from old aluminum or enamel plates which will
be thrown away at the end of the mourning period; they must also not stay out of their
houses beyond 6 o’clock in the evening.23 Special entrances/exits are created for mourning
widows so that they will not have cause to interact with other people.24 These widows are
also not allowed to buy or sell their goods as nobody will buy from them while these

14 Nnadi, I. ‘Legal Deterrent to Oppressive Widowhood Practices in Nigeria: An appraisal’ Op. Cit
15 Ibid.
16 G Tasie, ‘African Widowhood Rites: A Bane for the African Woman’, International Journal of Humanities

and Social Sciences Vol. 3, No. 1, January, 2013, p. 159.

17 Ibid.
18 Ibid.
19 G Tayo, ‘Policy Response to Widowhood Rights among the Awori Ogun State, Nigeria’, American Journal

of Contemporary Research; Vol. 2, No. 5, May, 2012, p. 188.

20 Ibid.
21 J Effah, et. al. ‘Unequal Rights, Discriminatory Laws and Practices Against Women in Nigeria’,

Constitutional Rights Project (January, 1995), p.48.

22 Arinze-Umobi, C, Domestic Violence against Women in Nigeria: A Legal Anatomy, Op. Cit. 102.
23Ibid.
24Ibid.

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widows are putting on mourning cloths which must be worn for a period of six months or
a year or six months, as the case may be.25 Worst still, in many towns in the South Eastern
Nigeria especially Anambra State, widows are made to appear before a deity where they
swear to oath of their innocence in the cause of their husbands’ death.26 Most often, as part
of oath taking, widows are forced to swallow balls of fufu or eba embedded with bones of
fish and animals used during her late husband’s funeral ceremony, such that if the bones
stick to the widow’s throat, then she is pronounced guilty of killing the husband. 27 It
submitted that these traumatic activities continue until the mourning period elapses, which
event is signaled by the scraping of the hairs of the widow and the setting ablaze of both
the hairs and the sackcloth attires, as well as the discarding of all items used during the
mourning period.28

5. Levirate marriage
Under the native laws and customs of the ethnic groups in Nigeria, a widow is considered
as a chattel to be inherited by any of her late husband’s relatives, especially where her
husband dies without a surviving male issue from her.29 In such cases, the deceased
husband’s next of kin inherits his properties, children and wife to whom he will henceforth,
assume the position of a husband and a father.30 This is known as widow inheritance
(Levirate marriage or Nkushi/Nkuchi Nwanyi).31 Although it has been argued that widows
in Igboland are not compelled to become involved in Levirate arrangement, or that a widow
with a grown up son would no longer be as likely to participate in levirate marriage as
before, evidence abound that failure to agree to levirate marriage attracts persecution from
the deceased’s family members, especially when young and conceivable widows are
involved.32 In such cases, the widow will have no option than to either succumb to her in-
laws’ threats, or move out of the spouse family and live alone.33 In fact there have been
instances where noncompliant widows were either forced out of their matrimonial homes
with or without their children empty handed, or were handed over few items such as
mattress, cabinet bed and paltry sums of money by their husbands ‘family members for

25J Agbonika & M Olong, ‘Cultural Practices and Traditional Beliefs as Impediments to the Enjoyment of
Women’s Rights in Nigeria’, International Law Research; Vol. 1, No. 1; 2012, p. 140.
26Arinze-Umobi, C, Domestic Violence against Women in Nigeria: A Legal Anatomy, Op. Cit.
27 U Nwaogu, ‘Women and Violent Nigerian Institutions’, WOREC Journal of Gender Studies Vol. 1. No. 3,

June, 2006, p. 75.

28 G Tasie, ‘African Widowhood Rites: A Bane for the African Woman’, Op. Cit. P.159.
29 I Agugua, ‘Gender Perspectives of the Right to Adequate Housing’, In Search of Legal Scholarship (Essays

in honour of Ernest Ojukwu), Abia State University Law Centre, p. 131.

30 R Kemakolam, ‘Women and Intestacy under Customary Law: Mojekwu v Mojekwu Revisited’, In Search

of Legal Scholarship (Essays in honour of Ernest Ojukwu), Abia State University Law Centre, p. 204.
31 Ibid.
32 J Agbonika & M Olong, ‘Cultural Practices and Traditional Beliefs as Impediments to the Enjoyment of

Women’s Rights in Nigeria’, Op. Cit. P.136.

32 Ibid.

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the wellbeing of these widows and their children. 34 It has been observed that widows that
are forced into levirate marriages are usually handicapped because their little support
system comes from the very families that violate their rights.35 It is submitted that even if
these widows approach the Law Courts to assert their rights, they usually face
discrimination from the Public, the Police, Magistrates, Judges on the one hand, and their
husbands’ family and Town’s men who see it as a taboo for a woman to sue her husband’s
relatives in the Law Court. Usually, her matter before the court may suffer undue delay
such that she may even die of high blood pressure before the final decision of the Court is
delivered.

It must be pointed out that while it is a well known fact that both Muslims and Christians
practice levirate marriage, apart from few places where widow inheritance is mentioned in
the Old Testament of the Holy Bible, there is no mention of it made in the New Testament.
36
The practice levirate marriage is solely based on customary law which portrays a widow
is regarded as a chattel that will be inherited by the deceased’s brother; and that the death
of the widower does not terminate the customary marriage between him and the widowed
wife.37 Unfortunately, the same customary law permits the termination of the customary
marriage between a deceased widow and her widower.38 It is submitted that the practice of
widow inheritance is discriminatory in nature because at the death of a wife, the husband
is not subjected to widower inheritance. It is therefore dehumanizing to force a widow to
choose in between being forced out of her matrimonial home which she built with her
husband and their wealth jointly acquired and owned, or to submit herself to her husband’s
relation in the name of widow inheritance. This practice obviously negates widow’s right
to freedom from discrimination, torture, inhumane and degrading treatment, right to
personal liberty, et cetera, guaranteed by the Nigerian Constitution and other Human Right
Instruments.39 It is further submitted that widows should be allowed to marry their late
husband’s relatives only if these widows willingly accept to engage in such marriages.

6. Widow Disinheritance
It is noted that while widows are battling with the above discussed scourge of levirate
marriage, they also face another common customary law practice prevalent in Nigerian

34 C Chukwu et al. ‘Violence against Women in Igboland, South–East, Nigeria: A Critical Quest for Change’,
Op. Cit. P. 51.
35 Ibid.
36 Genesis 38 v 8 and Ruth 4 v 1-22 (k.j.v.).
37 C Chukwu et al. ‘Violence against Women in Igboland, South–East, Nigeria: A Critical Quest for Change’, Op.

Cit. P. 51.
38 Ibid.
39 Constitution of the Federal Republic of Nigeria 1999 (As Amended), sections 34, 35 and 42, hereinafter

referred to as ‘ÇFRN’; Widow (Protection) Law Number 12 of Imo State, 2003, section 3, hereinafter referred
to as ‘WPL’; African Charter on Human and Peoples’ Rights, 1986, articles 4 and 5, hereinafter referred to as
‘ACHPR’.

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communities to the effect that during the period of mourning, the next of kin to the
deceased man will inherit the properties.40 In most of the Nigerian societies, the properties
belonging to the widow’s husband are looted by the late husband’s relations, leaving the
widow and her children poor, abandoned and uncattered for.41 It has been reported how a
widow, one Mrs. Gertrude Melo was subjected to all manner of discriminatory treatments
by her deceased husband’s siblings who sold off everything her husband had in Lagos
State prior to the burial of the deceased, thereby rendering the widow and her two children
homeless.42 In Nezianya v Okagbue,43 a widow of a deceased man of Onitsha decent was
letting her husband’s house to tenants and at some point, sold some portions of her late
husband’s estates situate at Onitsha. Her late husband’s family however resisted her
attempt to sell more parcels of land belonging to her husband, wherein upon she devised
the property dispute to her late daughter’s girl child. The court of first instance held that
possession by a widow of her deceased husband’s estate cannot be adverse to her
husband’s family to enable the said widow acquire an absolute right to possession. On
appeal however, it was held that under the native law and custom of Onitsha, a married
woman who did not begot a male child for late husband’s property without the concurrence
of her husband’s family. She only has the right to occupy his buildings or any part of it
subject to good behaviour.

The practice of widow disinheritance is based on the customs of most Nigerian

communities that a woman cannot inherit her husband as she herself is an object of
inheritance.44 It is also correct to state that in intestacy under the native law and customs,
devolution of the properties follow blood; therefore a wife or widow, not being of the
blood, has no claim to any cause.45 Ordinarily, the only property that a widow can lay
claims to are her cooking utensils, market utensils baskets, calabash, cloths, and all forms
of vegetables like cocoyam.46 It was thus held in Dosunmu v Dosunmu that where a
husband allotted a farm, a house and some landed properties to his wife, his widow does
not acquire inheritance in such properties upon the death of her husband.47 It has also been
held that a widow of a deceased man had no right to administer the estate of her late
husband, particularly where the first male issue of the deceased is no longer a minor. 48 In

40 C Chukwu et al. ‘Violence against Women in Igboland, South–East, Nigeria: A Critical Quest for Change’,
Op. Cit.
41 U Nwaogu, Women and Violent Nigerian Institution, Op. Cit. p. 75.
42 C Chukwu et al. ‘Violence against Women in Igboland, South–East, Nigeria: A Critical Quest for Change’,

Op. Cit. P. 51.

43 (1963) All Nigeria Law Report, 352.
44 Ugboma v Ibeneme (1967) F. N. L. R. P. 257.
45 Sogunro Davies v Sogunro Davies & Ors. (1929) 2 N.L.R. P.79-80.
46 Arinze-Umobi, C. Domestic Violence against Women in Nigeria: A Legal Anatomy, Op. Cit .P. 105.
47 (1952), 4 W.A.C.A. P. 527.
48 Ejiamike v Ejimaike (1972) 2 ECSLR, P. 11.

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Akinnubi v Akinnubi,49 a widow married under the Yoruba custom Law sought relief from
the honourable court entitling her and her children to the estate. She made her claim as her
children’s guardian ad litem rather than in her capacity as the widow of the deceased. Her
late husband’s brothers opposed her claims relying on the rule of Ikale customary law
under which upon the death of their brother, her widow becomes part of the deceased’s
estate, and capable of being allotted or bequeathed to one of the deceased’s brothers. Both
the Court of Appeal and the Supreme Court of Nigeria granted the prayers of the widow
not because she can inherit her late husband, but based on the capacity in which the action
was brought, that is, as next friend of her children.50 The Court observed that under the
Yoruba customary Law, a widow is regarded as a chattel to be administered and inherited
by the deceased’s family and that the widow could not be entitled to apply for a grant of
letters of administration, nor be appointed a co-administration.51 Similarly, in the case of
Obuse v Obuse, 52 brothers of a deceased man who was survived by his wife and children
brought a suit claiming that they were the rightful persons under the Native Law and
Custom of Agbo people of Delta State to administer the deceased’s estate against his
widow and infant children; as the widow of the deceased is deemed to be chattel to be
inherited and as such, not qualified for letters of administration. Both the trial Court and
the Court of Appeal held that a widow married under the statute is not a chattel but stated
that the reverse would have been the case if the widow is married under the Native Law
and Custom of Agbo people.53 However, a widow is not entirely without customary rights
in relation to her late husband’s estates. She is entitled to farm on her late husband’s land
whether or not she bore children for him. She is also entitled to allotment of family and
communal lands for farming purposes. 54

7. Widowhood Rites under Islamic Laws

In the cause of this study, it was discovered that there are no uniform widowhood rites
standard, but they centrally run across the different cultures in Nigeria.55 For example,
while the widows in the South Eastern Nigeria are subjected to all sorts of inhuman acts,
what obtains in the Muslim societies especially of Northern Nigeria is seclusion of the
widow for four months during which period the widow is required to participate in readings
of the Qur’an and abulation.56 She is seated on a mat in a tent or in a corner of the house
on the third, eight and fortieth days after her husband’s death, she becomes free after four

49 (1997) N.W.L.R. 145,

50 Ibid.
51 Ibid. Per Onu JSC at p.159.
52 (2001) 15 NWLR, 377.
53 Ibid.
54 J Agbonika & M Olong, ‘Cultural Practices and Traditional Beliefs as Impediments to the Enjoyment of

Women’s Rights in Nigeria’, International Law Research; Vol. 1, No. 1; 2012, p. 137.
55 C Arinze-Umobi, A, Violence Against Women in Nigeria: A Legal Anatomy, Op. Cit. P.99.
56 J Effah, ‘Unequal Rights, Discriminatory Laws and Practices Against Women in Nigeria’, Op. Cit. P.48.

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months of the rite and may even remarry.57 It is must however be pointed out on the other
hand that the position of Islamic Law on intestacy is quite different from that of the
customary Laws prevalent among the Nigerian societies. Under Islamic Law, a widow of
a man who died intestate is statutorily entitled to one quarter of the estates. 58 But if there
are children or grand children, her share will be reduced to one eight. 59 However, where
the marriage is polygamous, the wives share one quarter or one-eighth of such estates
equally between them. 60

8. Health Challenges Associated with Widowhood Practices

It has been stated that widowhood practices are dehumanizing practices that affect the
physical, psychological and mental well-being of the victim.61 For purposes of clarity, the
VAPP Act defines emotional, verbal and psychological abuse to mean ‘a pattern of
degrading or humiliating conduct towards any person including repeated insults, ridicule
or names calling, repeated threats to cause emotional pain, or the repeated exhibition of
obsessive possessiveness which is of such a native as to constitute a serious invasion of
such persons privacy, liberty, integrity or security’. 62 Widowhood practices are harmful
traditional rites that expose widows to perpetual marital unhappiness and frustration, grief,
boredom, anger, mental torture, panic phobia and hallucination.63 Discrimination
associated with widowhood practices also subject widows to heart attacks, madness, shock,
sleeplessness, depression, loss of memory, etc.64 Similarly, a widow who drinks the water
used in bathing her late husband, swallows fufu embedded with bones, eats in broken plate,
etce tera, will experience depression, despair, and repressive setbacks, as well as other
health risks such as infections, wounds and possibly death.65 She might become insane as
a result of the traumas she passed through during the rites, especially during confinement
which also impoverishes the widow.66 In the same vein, a widow forced into widow
inheritance must undergo series of physical and mental torture which may lead to either
insanity or depression.67 In such a situation, the woman may have no choice than to resort
to prostitution in order to support her family. This happens especially in cases where the

57 Ibid.
58 M Ladan, ‘Sharia-Based Reservations and the Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW): A Tale of Two Worlds’, University of Maiduguri Law Journal Vol. 7, 2004, p.
136.
59 Ibid.
60 Ibid.
61 E Olasore, ‘The Extent of Polygamy in Africa, Any Role for the Information Professionals in Curbing Further

Spread?’ Journal of Information and Knowledge Management Vol. 6, No. 6, 2016, p. 10.
62 VAPP Act, Section 46.
63I Ohiaege; ‘Widowhood Practices in South Eastern Nigeria: An Aspect of Women Exclusion in Leadership,

Government and Development’, Journal of Management and Social Sciences, 2017, Vol.3, No. 1. P. 35.
64 Ibid.
65 C Arinze-Umobi, Domestic Violence Against Women in Nigeria: A Legal Anatomy, Op. Cit. P. 100.
66 Ibid.
67 Ibid.

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levir takes over the deceased husbands’ properties, abandons the widow and her children
and only uses her as a sex object.

It is a well known fact that a widow subjected to widow inheritance is exposed to various
sexually transmitted diseases such as gonorrhea, syphilis, Acquired Immuno Deficiency
Syndrome, etc. Apart from thesee infections, there are risks of other infections associated
with water from a dead body and concerned that water from a dead body is infectious.
According to Morgan, transmission of infection requires that an infectious agent will be
present and exposure to the infectious agent such as, where the deceased may have died
from acute infections like meningitis and septicemia or rare diseases and where diseases
are present.68 The death of the deceased may be due to chronic infections with blood borne
viruses, such as hepatitis B virus, hepatitis C, Human Immuno Virus and Acquired
Immuno Deficiency Syndrome, enteric pathogens and possibly Mycobacterium
tuberculosis, or gastrointestinal infections; e.g. cholera, shigellosis, salmonelloses,
Escherichia coli infections etc.69 Besides, a dead body commonly leaks feces and the water
from such dead body will contain gastrointestinal organisms that can cause gastrointestinal
infections.70 Coliform bacteria from the intestinal tract and feaces, could conceivably
diffuse through the water and survive long enough to make one sick.71 Coliform bacteria
can cause diarrhea, vomiting and other gastrointestinal infections when ingested.72

9. Widowhood Practices as Violence against Nigerian Women: A Critique

The misconception behind the observance of widowhood rites is that under the customary
Laws of most Nigerian societies, a widow is usually the prime suspect on her husband’s
death, and must therefore through fetish rituals prove her innocence, or to absolve herself
from the complicity of her husband’s death.73 Thus, a widow who has not performed these
rites in respect of her deceased husband will face a kind of punishment from the gods. 74
She is therefore cajoled into pleading to be allowed to observe these excruciating rites in
order to be free from public ridicule.75 Furthermore, widowhood rites/practices are hinged

68 O Morgan, ‘Infectious Diseases Risks from Dead Bodies Following Natural Disasters’, Revista Panamericana
De Salude Publica 15 (15) 2004, p.113.
69 Gershon et al., ‘Compliance With Universal Precautions Among Health Care Workers at Three Regional

Hospitals’, American Journal of Infectious Control, 23(4), Aug;1995, available at

http://uandwm.fun,63b9CnYs.17. Accessed 20th May, 2021.
70 Ibid.
71 M Anderson et.al. ‘Are Hospitals Aware of the Risks and Consequences of Central Line-Associated

Bloodstream Infections?’, Brief Report Volume 41, Issue 12, December, 2013 available at ajicjournal.org
accessed 19th May, 2021.
72 Ibid.
73 S Ifemeje, ‘Discriminatory Cultural Practices and Women’s Rights among the Igbos of South – East Nigeria:

Journal of Law, Policy and Globalization. Vol. 25. 2014, P.20.

74 Ibid.
75 TASIE p159

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 AJLHR 5(2) 2021

on the belief that the spirit of the dead husband hovers around his wife and would want to
continue to associate with her.76 It is however assumed that the spirit might be malevolent
if the widow does not subscribe to widowhood rites.77 An Igbo woman named Cecilia
Akuego-Onwo, gave an account of her ordeal during her husband’s mourning thus: 78
I was forced to sit near the corpse of my husband till day break. They (his
relations) put kola nut on his chest and forced me to eat it. They made it
compulsory that I must eat without washing my hands or cleaning my teeth
for seven market weeks, equivalent to one calendar month. On every
market day, about three o’clock in the morning, they sent an old widow to
escort me with a lamp to a nearby river to take a bath. This, according to
them meant that if I killed my husband, he would come out of the river
and avenge his death.

A research conducted amongst widows of Igbo ethnicity of South-Eastern Nigeria revealed

that: 79
77% of interviewed widows were ritually shaved of their hairs on public
regions and head; 69% were forced to take various forms of oath to prove
their innocence, 73% movement of 73 percent were seriously restricted
during the period of mourning period; 71% were abandoned without
being taken care of their husbands’ families; 69% were starved of food
during their mourning period; 68% were forced to marry their husbands
relatives against their wishes; 65% were abused sexually by their late
husbands’ relatives; 64% were dispossessed of their husbands’
properties; while 64% were forcefully ejected from their matrimonial
homes by their husbands relatives.

These practices have been aptly described as ‘harmful traditional practices’ and gender
based violence’.80 Harmful traditional practices have been defined to mean ‘all traditional
behaviours, attitudes or practices which negatively affects the fundamental rights of
woman, girls or any person and includes harmful widowhood rights, female genital

76 S Ifemeje, ‘Discriminatory Cultural Practices and Women’s Rights among the Igbos of South–East Nigeria,
Op. Cit. P.20
74 Ibid.
78Champions Newspaper of 9th September, 1993 quoted by Arinze-Umobi,C, Domestic Violence against

Women in Nigeria: A Legal Anatomy, Op. Cit. P.101.

79 N Ihekwuaba & A Amasiatu, Influence of Widowhood Practices on the Psycho-Social and Physical Health

of Widow in Selected States of South–Eastern Nigeria’ Op. Cit. P.59.

80 L Omonfuegbe & O Eikhenomain, ‘Towards Decimating Gender Violence in Nigeria: A critique of

Effectiveness of Socio-Legal Control Measures’, (2017). The Journal of Jurisprudence and contemporary
Issues, 9(1), p. 206.

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UMEH, UMEH, OJILERE & SAMSON-UMEH: Some Widowhood Practices as Violence
against Nigerian Women
muilation or female circumcision and forced isolation from family and friends’. 81 The term
‘violence’ has been defined as ‘any act or attempted act which causes or may cause any
person physical, sexual, psychological, verbal, emotional or economic harm, whether this
occurs in private or public life, in peace time and on conflict situation.82 Violence has also
been defined to mean an intentional use of force or power, threatened or actual against
oneself or another person, which either results in or has a high likelihood of resulting in
injury, death, psychological harm, mal–development or deprivation’. 83 It must be stated
that if a widow peradventure dies within the mourning period, she will be highly
stigmatized and will not be accorded burial rites. 84 It has been observed that while widows
are forced to strictly observe these dehumanizing widowhood rites, widowers are not
subjected to any of these sadistic experiences, rather they are allowed to be kept company
by women who are said to ward off the spirits of the dead wives from returning to their
widowers’ beds at night. 85 Most times, widowers’ brothers, sisters, and even girl friends
would surround them and give them the best of care.86 Furthermore, widowers are
customarily permitted to take new wives even before even before their late wives’ month’s-
mind celebration.87 New wives are usually organized as soon as possible, by widowers’
relatives in order to help them rear the children left behind by the deceased wives, or where
there are no children; either to help these widowers get over the death of their wives or to
bear children.88 It is submitted that this singular discriminatory act exposes the
discriminatory nature of widowhood practices as well as the customary laws of Nigerian
societies that support same. Apart from being harmful and act of violence meted out on
women with the sole aim of subjugating women under men’s rule. Widowhood practices
being an act of violence offends the tenets of human rights which the Supreme Court of
Nigeria has defined as ‘a right which stands above the ordinary laws of the land and which
is infact antecedent to the political society itself’. 89 Apart from the above stated facts,
widowhood practices expressly offend the provisions of the Constitution of Nigeria which
states that ‘Every individual is entitled to respect to the dignity of his person and
accordingly, no person shall be subjected to torture or to inhumane or degrading
treatment’.90

81 Violence against persons (prohibition) Act, 2015, section 46, hereinafter referred to as ‘VAAP
Act’
82 Ibid.
83United States Department of Health and Human Services, Centre for Disease Control and Prevention,

www.//workfamily.sasupenied/glossary/p/physical- violence-definitions> accessed 17th April, 2019.

84 U Nwaogu, ‘Women and Violent Nigerian Institutions’, Op. Cit. P. 75.
85 J Agbonika & M Olong, ‘Cultural Practices and Traditional Beliefs as Impediments to the Enjoyment of

Women’s Rights in Nigeria’, Op. Cit. P. 137.

86 U Nwaogu, Women and Violent Nigerian Institutions, Op. Cit.
87 Ibid.
88 C Arinze-Umobi, Violence Against Women in Nigeria: A Legal Anatomy, Op. Cit. P.100.
89 Ransome – Kuti v A.G. Federation (1985) S. C. P.246.
90 ÇFRN, section 3.

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Similarly, widowhood practices are also prejudicial to women’s right to bodily integrity,
health and sexuality, freedom of speech, freedom of movement, freedom from torture, right
to property, etc.91 Widowhood practices offend the principles of equality of sexes
enshrined in States, National and International Laws, especially as it relates to marriage
and family relations.92 These practices utterly destroy the dignity of widows and subject
them to torture, inhumane and degrading treatment contrary to the Constitution of Nigeria
and other State Laws.93 Widowhood also violates widow’s right to life as it most times
lead to the untimely and unlawful death of the victim.94 In Theresa Onwo v Nwafor Oko &
Ors, the Court of Appeal rightly condemned widowhood practices meted out on the victim
and held that it has become necessary to extend protection to individuals within the State
against the excesses of fellow citizens.95 It is submitted that widowhood practices have
serious infectious disease implications that are deadlier than COVID 19 pandemic. As
such, efforts must be made to eradicate these deceased that have long permeated into the
public life of Nigerian people. Unfortunately, these practices still persist and are regarded
as norms in spite of the global condemnations against these practices for reason of being
degrading and inhumane to women.96 It is however apposite to state at this juncture that
several attempts have been made to forestall this harmful cultural practices both at the
Federal and State levels. It is encouraging to state categorically that Nigeria has joined in
this fight against traditional harmful cultural practices when it enacted a Federal Act that
bans all forms of harmful traditional practices against women and the girl child.97 VAPP
Act provides that ‘a person who subjects a widow to harmful traditional practices is liable
on conviction to a term of imprisonment not exceeding two (2) years or to a fine not
exceeding Five Hundred Thousand (N500,000.00) Naira or both’.98 The VAPP Act further
criminalizes any attempt to commit this offence, aiding, abetting, inciting or counseling
another to commit this offence; and renders a person found liable for any of these act to
term of imprisonment not exceeding one (1) year or to a fine of Two Hundred Thousand
(N200,000.00) Naira or both imprisonment and fine. 99 The Act also bars any person from
receiving or assisting another who has committed the offence and renders him criminally
liable to term of imprisonment not exceeding six (6) months or to a fine not exceeding One

91 Ibid. Section 34-44; ACHPR, Article 5.

92 Article 19 Convention on the Elimination of all forms of Discrimination Against Women, 1989; Articles 4
& 5.
93 CFRN, Section 34.
94 Ibid. Section 33.
95 (1996) 6 N.W.L.R. (pt. 456) p.584.
96 A Ajayi et al., ‘Gender Violence and Human Rights: An Evaluation of Widowhood Rites in Nigeria’, Op.

Cit.
97 VAPP Act.
98 Ibid. Section 15(1).
99 Ibid. Subsections (2) & (3).

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UMEH, UMEH, OJILERE & SAMSON-UMEH: Some Widowhood Practices as Violence
against Nigerian Women
Hundred Thousand (N100,000.00) Naira or both imprisonment and fine.100 The VAPP Act
also criminalizes the causing of emotional, verbal or psychological abuse on widow or any
attempt to do so. 101

It is commendable that Imo State has passed a Law to eliminate all forms of gender based
discrimination and inequalities and other matters incidental thereto. 102 Imo State has also
enacted a Law that prohibits obnoxious customary practices widows such as: 103
compulsory shaving widow’s hairs, forcing her to sleep either alone or
sit on the floor, locking her up in a room where the corpse of her husband
is kept; refraining her from receiving condolence visitors or sympathizers
during the period of mourning; forcing her to remarry to any person
against her will; drinking the water used in washing the corpse of her
husband; crying or weeping against her will at any time before, during or
after the funeral of the late husband; or remaining in seclusion after the
death of her husband.

This Law also prohibits all humiliating or degrading treatment against widows including
depriving a widow of her late husband’s properties whether she has male children or not,
have been banned.104 Any person or body who compels or willfully causes a widow to
engage in an act or omission against her will in violation of the provisions of this Law is
guilty of an offence and shall on conviction be liable to fine of ten thousand naira or
imprisonment for six months, or to both such fine and imprisonment.105 It is also
commendable that some States in Nigeria have enacted Laws prohibiting widow
inheritance, similar to the earlier discussed Laws of Imo State. 106 It is therefore
recommended that these kinds of Laws be enacted in all the states of Nigeria together with
the Federal Capital Territory. If this is done, the inhuman treatment of widows in Nigeria
will soon go into antiquity.

100 Ibid.
101 Ibid.
102 Gender and Equal Opportunities L.aw Number 7 of Imo State, 2007, Sections 6 & 23.
103 WPL, sections 1 & 2.
104 Ibid. Section 3.
105 Ibid.
106Prohibition of Infringement of Widow’s and Widower’s Fundamental Rights Law, 2001; of Enugu State, Law

Abolishing Harmful Traditional Practices Against Women and Children, 2001, of Ebonyi State; Inhuman
Treatment of Widows (Prohibition Law) 2001, of Edo State; Married Women’s Property Law, 1985, of Bauchi
State; Married Women’s Property Law, 1996, of Sokoto State; Married Women’s Property Law, 2000, of Oyo
State; Married Women’s Property Law, of Zamfara State, Domestic Violence and Maltreatment of Widows
(Prohibition) Law, 2004, of Cross River, etc.

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10. Conclusion and Recommendations

Having critically examined widowhood practices in Nigeria, and having seen that the death of
a man makes his widow lose her pride, dignity as a woman and glory, and thus berendered an
subject of maltreatment from the time of such death of her husband; it is concluded that
widowhood practices amount to discriminatory, degrading and inhumane acts with deep rooted
negative psychological and emotional effects on widows. There is no doubt that widowhood
practices have come to be understood as violence against women’s human rights and gender
based discrimination.107 This is confirmed by the fact that the practices of widowhood rites still
thrive in Nigeria despite their condemnation internationally, nationally and regionally; and even
in the face of the ratification of anti gender violence conventions and treaties by states,
including Nigeria. If nothing serious is done to abolish widowhood practices in the near future,
Nigerian widows are doomed even unto death. Having stated this much and having seen that
widowhood practices are products of deep rooted inequality in cultural systems of Nigeria,
there are lots of steps that must be taken to emancipate women from the practice of these
obnoxious widowhood rites. Firstly, there is need to overhaul the Nigerian Legal and Social
Institutions. As such, the Federal Government of Nigeria should enact a Widow Protection Act
that will out rightly ban widowhood practices in all ramifications and pronounce stiffer
penalties against those involving in such practices or found aiding or abetting same in
compliance with International and Regional Conventions and Treaties ratified by Nigeria. This
Act must also discourage all manner of discrimination in the Nigerian societies. Such Act must
be domesticated by the thirty-six States of Nigeria within one year of its enactment. Secondly,
for success to be recorded in the struggle to liberate Nigerian women from the shackles of
widowhood practices there is need for Traditional Rulers who are the custodians, of our cultures
to unite and take drastic steps to eliminate this scourge in our traditional societies. These
Traditional Rulers who are closer to the grassroots and wielding high degree of influence on
their subjects should out rightly denounce widowhood practices and decree tough penalties for
persons aiding and abating these practices. Traditional Rulers should educate rural dwellers on
the dangers inherent in the practice of these obnoxious rites, as well as the need to abandon
same. Religious Leaders must also join in this fight and replicate the suggested reformations
by Traditional Rulers in the Churches and Mosques. Thirdly, there is need for the orientation
and re-orientation of the general public on the dangers inherent in the practice of these
obnoxious rites and on the need to embrace universality of human rights. This move must be
spearheaded by the government, Non-Governmental Organizations, Legal Practitioners, etc.
Regular Conferences and Seminars should be organized in this respect. There is also need to
discourage widowhood practices through Radio and Television programs, as well as through
social media. Finally, there is need to promote female education and financial empowerment
through gainful employment and loans. There is also need to encourage women to join politic
and get to positions where they will promote Bills geared towards the eradication of inequality
between men and women as well as widowhood practices.

107T
Omidoyin, ‘Violence Against Persons (Prohibition) Act 2015, A Positive Step to the Eradication of
Domestic Violence in Nigeria’, NAUJILJ 9 (1) 2018, p. 44.

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