Nigeria: the prohibition of infringement of a widow's and widower's fundamental rights law, 2001, No 3, Enugu State - Reports From Around the World: Africa - Brief Article

WIN News, Spring, 2002

A LAW TO MAKE IT UNLAWFUL TO INFRINGE THE FUNDAMENTAL RIGHTS OF WIDOWS AND WIDOWERS, AND FOR OTHER RELATED MATTERS

ENACTED BY THE ENUGU STATE HOUSE OF ASSEMBLY, THIS 8TH MARCH, 2001

CONTACT: WIDOWS DEVELOPMENT ORGANISATION, President Eleanor Nwadinobi, P.O. Box 11602, Independence Layout, Enugu, Enugu State, NIGERIA

PROHIBITION

(1) "No person for whatever purpose or reason shall compel a widow/widower as follows:

(a) to permit the hairs on the head or any other part of the body to be shaved;

(b) to sleep either alone or on the some bed or be locked in a room with corpse of the husband

(c) not to receive condolence visits from sympathisers during the period of mourning

(d) to be re-married by a relative of the late husband

(e) to sit on the floor or be naked during any period of the husband's/ burial rite

(f) to drink the water used in washing the corpse of the husband/

(g) to weep and wail loudly at intervals at any time after the death of the husband/ except at ones own volition or involuntary action;

(h) to remain in confinement after the death of the husband for any given period;

(i) to vacate the matrimonial home;

(j) to do any other thing which contravenes the fundamental rights entrenched in the Constitution or is degrading the person.

(2) A widow shall not be dispossessed upon the death of the husband of any property acquired by the deceased husband/wife (during the deceased husband's/wife's life time) without his/her consent.

PENALTY: It shall be unlawful for any widow/widower or any person to falsely allege that the rights guaranteed under this law have been violated

JURISDICTION: Anybody who contravenes, conspires, aids, counsels, procures, or assists another person to contravene the provisions of this Law shall be guilty of an offence and liable on conviction to a fine N5,000 (Five thousand naira) or two years imprisonment or both

APPEAL: The Magistrate Court shall have jurisdiction to try summarily any offence under this law.

CHIMAROKE NNAMANI, M.D., GOVERNOR OF ENUGU STATE."

For more information Contact: Medical Women's Association of Nigeria Centre, 29 Abakaliki Rd, G.R.A, Enugu, NIGERIA.

"During 2001 a series of meetings and workshops were organized by WiDO to make the bill known and to discuss and disseminate the information about its enactment."

WIDOWHOOD PRACTICES: THE CASE OF ENUGU STATE (NIGERIA)

Edited by Pat U. Okoye, Published 2001 by NUCIK publishers, 71 Owerri Road-Asata Enugu,

FROM THE FOREWORD: "Although both the widow and the widower experience basically equal pains for the death of the partner, the Nigerian widow suffers many deprivations, some of which are inhuman, barbaric and uncouth.

This discriminatory and parochial approach in the practice of widowhood in Nigeria destabilizes and vexes Nigerian women and rightly so. Apart from the fact that the discriminatory practice violates the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the traditional practices are a taboo in the civilised world and should not find a place in any decent society...

It is difficult for a human being in this day and age to believe that a wife is forced to drink the water used in bathing the corpse of her husband, all in the name of custom, as told by Mrs. Agnes lloegbunam. This and other widowhood practices are repugnant to natural justice, equity and good conscience and should be thrown out from society as they do much harm to womanhood...

Although the book tells the pathetic story of the experiences of Enugu State widows, it is known that widows in other States in the country suffer from similar situations... Nigerian women should continue in the struggle for complete eradication of the present obnoxious widowhood practices. The first step towards achieving total freedom is education... Congratulations to the Enugu State Widows Welfare Committee on a successful campaign!

Niki Tobi, Justice, Court of Appeal & Professor of Law."