By Onyewuchi Ojinnaka
Senior Correspondent
Four years ago, the Supreme Court of Nigeria in a landmark decision which affected the native law and custom of Eastern part of Nigeria, particularly the Igbo land, upheld the judgements of both the Lagos High Court and the Court of Appeal, Lagos division which declared that females have right of inheritance of their father’s estate.
Since the delivery of the judgement, it appeared that the enforcement has not been practicable in many parts of Igbo land.
They believe that in accordance with the age-long tradition and custom, only the male children are entitled to right of inheritance of their father’s estate, including liabilities, albeit in seniority order..
The female children are excluded when sharing the assets and liabilities of their deceased father because of the understanding/thinking that they no longer bear their father’s name when they marry while those who could not marry are said to be dependent on their male siblings.
However, this age-long practice in the east is contrary to the practice in the Western States and even the Northern States where female children whether married or single, partake in the sharing of their late parents’ estate, including liabilities. The sharing is done in order of seniority, irrespective of sex.
But in the South East and South South with exception of Edo State and some parts of Delta State, the right of inheritance only favours the male children.
This discrimination thus encourages female children who have no male siblings to contract another lady in form of marriage and hand her over to a distance male relation to raise children that could maintain the family status and name. In the alternative, the female child may choose to remain a single parent, bearing children.
Another option to maintain the family name is to adopt a male child.
To a typical Igbo man, this age-long of male inheritance is sacrosanct. He regards inheritance of his parents’ estate by his sisters as taboo. He claims everything which belonged to his parents.
The big questions are: When parents are alive, are the female children not taking care of them? If parents are sick, who takes care of them more? Who stays besides them during sickness, bath and dress them?
In the event of death, are female children excluded from contributing to burial expenses? Are male children always physically available to attend to their sick father/mother?
However, the Supreme Court judgement in an appeal marked SC.224/2004 filed by wife of the late Lazarus Ogbonna Ukeje, Mrs. Lois Chituru Ukeje and their son, Enyinnaya Lazarus Ukeje against Ms. Gladys Ada Ukeje, the deceased’s daughter, provided clue to above questions.
In the judgement, it upheld the right of a female child to inherit properties of her father. With this decision, the apex court has nullified the Igbo age-long law and custom which denied a female child from inheriting her late father’s estate.
The court nullified this tradition and custom on the grounds that it is discriminatory and conflicts with the provision of the constitution, declaring that the practice conflicted with Section 42(1)(a) and (2) of the 1999 Constitution.
In the suit before the Lagos High Court; “Gladys had sued the deceased’s wife and son, claiming to be one of the deceased’s children and sought to be included among those to administer their deceased father’s estate.
The trial court found that she was a daughter to the deceased and that she was qualified to benefit from the estate of their father who died intestate in Lagos in 1981.
Not satisfied, Mrs. Lois Ukeje and Enyinnaya Ukeje appealed against the judgement but the Appeal Court Lagos division upheld the decision of the trial court, prompting them to approach the Supreme Court.
In its judgement, the Supreme Court held that the Court of Appeal, Lagos was right to have nullified the Igbo native law and custom that disinherit female children.
Justice Bode Rhodes-Vivour, who read the lead judgment, held that: “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate.
“Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.
“The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution. In the light of all that I have been saying, the appeal is dismissed. In the spirit of reconciliation, parties are to bear their own costs,” Justice Rhodes-Vivour said.
Other Justices who were part of the panel that heard the appeal, agreed with the lead judgment.
Since then, numerous mixed reactions from groups, individuals, lawyers, and particularly traditional rulers in Igbo land, church leaders and academia have been trailing the Supreme Court decision.
Reacting to the judgement, the Bishop, Diocese on the Niger, Anglican Communion, Rt. Rev. Owen Nwokolo described it as a welcome development, saying that female children are not second class citizens and should not be treated like one.
“Female children have and should be accorded the same rights given to their male counterparts and therefore should not be discriminated against.
“This is not the first time the Supreme Court has given this judgement. Some years ago, the Supreme Court gave similar judgement but we are happy and we thank the Supreme Court for upholding the same judgement and there is no going back in females inheriting their fathers’ property.
“Families should put the judgement in practice and female children should stand up and claim their right. It is not only Supreme Court judgement but God given right and they should take that right”.
The traditional prime minister of Umuowa Autonomous Community in Orlu Local Government Area of Imo State and a pharmacist, Emma Ebere (Ugwumba Umuowa) said he is aware of the Supreme court decision on women inheritance from their paternal family.
“I am fully in support of the decision. I am aware of the implications of the implementation and in my opinion I strongly feel it should be made discretionary and where a father decides to apply it, it should be applied and must never be seen as Anti-culture.
“Truly our culture recognises the strong attachment of the daughter to the paternal family. Before Christianity, a married dead daughter must be brought home and buried among her people. Umuada has so much authority that no one questions their decision. Again no man is buried without Umuada keeping vigil over his body. It is also a well known fact that married daughters take more personal and intimate care of their old parents more than the men.
“How dare you then imagine that at last they will be forgotten during the sharing of the goodies? Very unfair! This should however be discretionary depending on how the father appreciates the role of each daughter in the life of the family. Our culture must be fair and just.
The president general of Alaigbo Development Foundation (ADF), Prof. Uzodinma Nwala also applauded the decision, saying, “In today’s world, daughters have proved their mettle in bringing sustainability, honour and dignity to their families. Some of them have played the role of bread-winners for their father’s houses.
“So, it would have amounted to great injustice to continue to deny them the right of inheritance. They should be entitled to a fair share of their family wealth whether married or single.”
However, a prominent monarch in Nsukka and the grand patron of Enugu State Council of Traditional Rulers and the traditional ruler of Aji Autonomous Community in Igbo-Eze North Local Government Area of Enugu State, Igwe Simeon Osisi Itodo, posited that the Apex Court ruling cannot abolish the tradition and custom of the Igbo.
Itodo opined that any attempt to implement such law in Igbo land would provoke chaos and skirmishes among various communities.
He contended that the custom is unique to the people of South-East Nigeria and should not be touched.
“There are traditions which had existed before the law. Before the emergence of law courts, Igbos have their tradition and custom which cannot be wiped out because of Supreme Court ruling.
“There are so many things we have in common which cannot be stopped because of court verdict.
“We are not against that ruling but we would not abolish our customs and traditions which all of us met. You can imagine a married woman coming back to her father to share his property with the sons.
“We would not allow it because it would breed chaos and troubles in our communities. If there are customs that allow such inheritance, let the people continue the practice but it won’t work in Igbo land.
“In India, women pay the dowry but the reverse is the case here. We would not abolish our unique customs because of court ruling,” the monarch said.
However, another prominent monarch and the traditional ruler of Likke Iheaka Autonomous Community in Igbo-Eze South Local Government Area of Enugu State, Igwe Christopher Nnamani disagreed with Itodo.
Nnamani said the custom is unfair to the Igbo women and called on the States’ Houses of Assembly in the South-East to make laws that would domesticate the ruling of the Supreme Court on the matter.
He said that some fathers in their wisdom share their properties to their children while alive irrespective of their sex, saying that the custom reduced the female children to slavish status in Igbo land.
“This unfair treatment of female children does not happen in Northern or Western parts of Nigeria. This explains why females with affluence lord it over their male counterparts in Igboland when they remember the injustice they have suffered in the past.
“If a male becomes the eldest man in his community, he would be entitled to some privileges, which may come in form of royalties but the reverse is the case for the women in Igbo land. The challenge is how to implement it now because it is an old tradition in South-East Nigeria.”
A Lagos-based stockbroker and Investment manager, Mr Anthony Enyinna said that the ruling of the Supreme Court is saying the obvious.
“Most of family burden is carried by the female siblings.
We don’t need to wait for the Supreme Court decision, if you are writing your Will do the just thing. Male or female deserves equity.
Ndidi Nwabugwu, an old boy of St Peter Claver Seminary Okpala ,Lagos branch posited that it is about time we give our daughters the honour and respect they deserve.
“They are our flesh and blood too. While we cherish our tradition and customs, we must endeavor to be dynamic and indeed correct some of the errors in the aforementioned Igbo custom. Remember there was a time when it was an abomination to have twins which has been abolished.
Chairman, Enugu State Association of Town Union Presidents, Chief Paully Eze, “any custom which shows to be manifestly unlawful should be expunged.”
In his words, Eze who is a legal practitioner argued that it is wrong to deny any child inheritance because of sex consideration.
“Any custom that did not meet the test of time, that is, when it is manifestly unlawful should be expunged. I stand strongly with that pronouncement. Nsukka High Court has earlier pronounced it before it was affirmed by the Supreme Court.
“It is very much unfair to deny females right of inheritance of their fathers’ properties. Because it is a new law, it would definitely bring problems in terms of implementation but with time, we would get accustomed to it. It is already causing ripples in my community,” he said.
One Mr. Ben Osuagwu simply said that the obnoxious law in Igbo land is frustrating and annoying.
Chief Augustine Uzochukwu from Ihiala Council Area of Anambra State applauded the judgement just as Igwe Patrick Okolo of Nkpunano community, Nsukka, Enugu State stressed that the Supreme Court judgement must be obeyed by every community in Igboland.
Okolo, however, posited that Nri ancient community stands as the best community to interpret the judgement, “though we concur with the 1999 Constitution of the Federal Republic of Nigeria.
The Supreme Court judgement should be upheld in principle in some quarters of Igboland while traditional unwritten constituency holds supreme in most quarters of Igboland.”
In his reaction, the President- General of Ndigbo United Forum, (NUF), Chief Godson Ezenagu, commended the decision of the Supreme Court, saying that granting females access to their fathers’ property is natural, adding that it would give them a sense of belonging in the society.
“According to Igbo tradition, the female child inheritance does not happen and now that the Supreme Court has ruled that they are entitled to that, by natural justice and conscience, I agree with them completely.
“Granting them access to their biological father’s properties is a natural thing. Sometimes, customs handed over from generation to generation can be awkward and can be discontinued.
“For denying them that, they are put in serious jeopardy; they are molested at home and also in their marital home. Their partaking in sharing of property will make them more comfortable than the situation in which they found themselves. That is what is supposed to happen naturally.
“All animals are equal and at the same time, all children are equal. We shouldn’t because of custom deny the female child her natural right.
“So, it is a welcome development and I am sure all people of good faith will support it and advocate that even the ones that have not been done or already done could be revisited. Involving them is the best thing ever, even though they may not get equal share but it will give them some leverage”
“That is the advantage and the disadvantage of the ruling will be that most women may not like to go into marriage because their father is rich and has a lot of property to benefit.
“Whether your husband is rich or poor, you will leave your own family to your husband’s family. Once you are married, you change your family name to your husband’s name. Some women are now attaching their family name to their husband’s name. I think it is wrong.
“I believe the same law that abolished Igbo customs denying female child rights of inheritance will also abolish it. Most educated women are doing it but it is wrong”, he said.
Also reacting to the court decision, Chief Augustine Emelobe, a renowned Chemical Engineer, said that it has removed the unjust and unfair treatment on the female children.
“I support the verdict of the Supreme Court. Children are children irrespective of whether they are male or female. I have always had the notion that it is unjust and unfair on the part of the female children.
“I applaud the Supreme Court as the last hope of the common man in this age-long man’s inhumanity to man.”
“I totally agree with the Supreme Court that the Igbo law and custom, which forbids female children from inheriting their late father’s estate on the grounds that it is discriminatory and conflicts with the provision of the constitution.”
President-General of the Coalition of South-East Youth Leaders, Goodluck Egwu Ibem welcomed the Supreme Court decision as a good development. According to him, it is a wonderful defense of the girl-child who before now, has been treated as a second class citizen in our society.
“She is seen as the property of her husband who loses all forms of rights once she gets married.
“A man who has only female children in our society loses his rights to certain privileges like being a traditional ruler or his inheritance in his own father’s compound. The situation before now has been very ugly,” he lamented.
“We deeply appreciate the Supreme Court for this landmark judgement that has brought back the confidence of the girl-child in our society today.
“We are not in the South South and South-West tradition or the Northern part of Nigeria. But in South east it is not the practice that the female child inherit the Father’s property.