The Widow, The Will, and The Wall: When African Women Fight for Their Inheritance

“He said the land was mine — but after he died, I was told I owned nothing.”

That’s how Ama, a widow from the Eastern Region of Ghana, begins her story. After 22 years of marriage, her husband passed unexpectedly. In the days that followed, instead of mourning in peace, Ama found herself in a battle — not with death, but with her in-laws. Her husband had told her the land and house they built together belonged to her. But there was no will. And no one believed her.

The Legal Wall: What African Women Face

Across Africa, women contribute immensely to the family’s wealth — working the land, building businesses, raising families — yet when a husband dies, many are denied a rightful share of that wealth. Inheritance, especially of land and property, is still governed as much by custom and patriarchy as by statute.

Despite progress, the battle between customary law and statutory rights remains one of the quietest injustices facing African women today.

The Custom vs. The Constitution

In many African cultures, land is passed through the male line. A widow is often considered a “stranger” in her husband’s family, and her access to property is seen as temporary — conditional on her behavior or remarriage.

For example:

• In Nigeria, the Supreme Court declared in Ukeje v. Ukeje (2014) that Igbo customary law disinheriting women is unconstitutional. Yet many women still lose everything in practice.

• In Kenya, Article 60 of the Constitution speaks of equal access to land, but tribal councils often overrule women’s claims.

• In Ghana, intestate succession laws exist, but customary law can overtake them, especially in rural areas.

The contradiction is clear: The law says one thing, the culture says another.

Real Women. Real Battles.

Nafula from Kakamega, Kenya, was forced out of her home by her brother-in-law after her husband died. The land had been titled in her husband’s name — but once he died, the title meant little in the eyes of his family.

Kemi, a lawyer in Lagos, shares how a widow came to her office in tears: “She was told if she doesn’t sleep with the eldest brother, she can’t inherit anything. She refused. They locked her out of her house. That’s when she came to me.”

In many rural courts, magistrates — often men — may favor customary arrangements. “It’s not just about laws,” Kemi explains. “It’s about power, tradition, and silence.”

The Way Forward: Rewriting the Story

What can be done? Legal experts across Africa agree: reform alone isn’t enough — there must be education, community dialogue, and enforcement.

1. Legal Awareness: Many widows don’t know their rights. Pro bono legal clinics and community outreach can change that.

2. Women’s Land Rights Movements: Organizations like Landesa and FIDA have been instrumental in fighting for women’s inheritance rights.

3. Paralegals in Rural Communities: These local champions bridge the gap between custom and law, advocating for widows using both tradition and statutory knowledge.

4. Law Reform with Teeth: Inheritance laws must be enforceable, not symbolic. Custom cannot override constitutionally protected rights.

Conclusion: The Wall Must Fall

The wall — between custom and law, between gender and justice — must be dismantled, one story at a time. For every widow like Ama, there are thousands more unheard, unseen.

At Legal Africa, we believe the law must not only protect — it must empower. And inheritance must never be a battlefield for a woman who has already lost so much.