Stella Dimoko Korkus.com: Supreme Court Rules That A Female Child Has A Right To Inherit Properties In Igboland

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Wednesday, August 26, 2020

Supreme Court Rules That A Female Child Has A Right To Inherit Properties In Igboland



This is not gonna go down well with some people.................





 


THE Supreme Court in a landmark decision, has upheld the right of a female child to inherit properties of her father. By this decision, the apex court has voided the Igbo age-long law and custom which forbid a female child from inheriting her late father’s estate.

The Supreme Court voided this tradition and custom on the grounds that it is discriminatory and conflicts with the provision of the constitution.


The Supreme Court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution.

The land mark judgment was on the appeal marked: SC.224/2004 filed by Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Ms. Gladys Ada Ukeje (the deceased’s daughter)

Gladys had sued the deceased’s wife and son before the Lagos High Court, 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.
The Court of Appeal, Lagos to which Mrs. Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision of the trial court, prompting them to appeal to the Supreme Court.


In its judgment, the Supreme Court held that the Court of Appeal, Lagos was right to have voided 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.

Justices Walter Samuel Nkanu Onnoghen, Clara Bata Ogunbiyi, Kumai Bayang Aka’ahs and John Inyang Okoro, who were part of the panel that heard the appeal, agreed with the lead judgment.

Vanguard News




Did you read this?Are you from Eastern Nigeria?What do you think?

50 comments:

  1. Ummunna people, how market? The cultural laws are not favourably disposed to the female child at all.

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    Replies
    1. This is good,i honestly do not understand reason as to why the so called elders in Igbo land act like thieves.

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    2. Lolzz Umunna and Umuada ha na nnu nti..Provided this law is not enforced..it is business as usual..

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    3. @Phoenix and Liz: I laugh haahahahahahehehehehe

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    4. I don't think Igbo people disinherit their female children of landed properties except it happens in some parts. The only thing I am sure of is that she cannot inherit his village home because it is assumed she will get married some day and leave his father's house. When you talk about his father's properties outside, I've seen a lot of men willing and sharing their landed properties among his children both male and female. Like my friend, her dad acquired a lot of landed properties all through his career as a public servant and he gave his children lands while he was alive. His only daughter that he dotes on (my friend) got some plots of land from her father. Some father's share and give their children male and female depending on the location. The first son inherits his village home for sure, then others can get anywhere he like to give them depending on his love for each of them.
      Many rich Igbo men who have buildings here and there give their female and male children buildings depending on the location. I maintain that the female children does not inherit his obi aka his village home because she is/will get married and leave her father's house.

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    5. You've said it all and that's what it is. Thanks for the clarification! You are a real son or daughter of the soil

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    6. Not today ruling

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  2. It's a welcomed development, I love it.

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    1. I watched my ex humiliate and disinherit his late brother's wife and 2 daughters and shared his estate with his other brothers. I was just a bloody fiancee so I asked him what would happen to me if I never gave him a male child after marriage? He was so irked by this question and disgusted that how dare me even imagine such a terrible thing. I told him yes because it's a possibility I have just girls so what next?!

      See ehn...ladies when you look out for your spec in marriage please also pick the man's brains and see his mentality. Many of them are so misogynistic but just need you to fulfil all righteousness.

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    2. He must have been 'fani-kayoded' by your question!

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  3. This is a very overdue welcome development.... This native law got to stop. I just pray it will be implemented soon...

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    1. Nobody is saying anything about Lois and Eyinnaya who took their daughter/sister to court.
      Unless Gladys is their stepdaughter/half sister then that's a different matter.

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  4. This is absolute good news.God bless the supreme court big time

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  5. Many people in my village will not sleep this night because of this news.

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    1. 😂😂😂🤣🤣🤣🤣😂😂😂

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    2. 😆😆😆😆😆
      True

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  6. I alone took care of my dad 100% when he was alive and he gave everything in his will. I knew there will be war after his death so I asked him to divide everything among his male child because I can take care of myself which he did and insisted that I have a plot of land .Now, the stupid boys are telling me that I should please give it to them because married women don't inherit properties. I've told them that if they continue disturbing me, I will donate it to church or turn it amusement part. Foolish people.

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  7. I have been following this case since the first verdict. Ada Ukeje not only made history by seeking for justice instead of accepting the norm but she has set a precedent for all girl child in Igbo land.

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  8. But personally, i believe it is a welcome development. In my family for instance, my father has 5 girls and one boy (who is also the last child). we the older famales have struggled and still struggle with our parents to train the younger ones. So when locates my father tomorrow, wouldn't it be unfair to bequeath everything to only our brother.

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  9. Very good. Hopefully it will be implemented

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  10. Hehehehehehehehe let me go and tell my community people!! LMAO!!

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  11. Replies
    1. Let me screenshot and show my papa now he is still alive 💃💃💃💃💃

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    2. Will they implement it, such a welcome development, umunma how far, here we come, the umu adas😁😁

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  12. The UMUNNAs in my community will not be happy about this! Heehehehehehehe UMUADA kwenu!

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  13. I wonder what Teejay and Ceaser have to say about this.

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  14. Why won't a man will his properties to his girl child...Must u follow culture ni...use your head

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  15. Stella, am so happy. This is a great news for us, and some men will cry over this.

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  16. I like this news. Thanks to the lady that helped achieve this. With this developement,more value would be placed on the female child.

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  17. It's long over due. A great news.

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  18. But it's not only Igbo people that are guilty. It's all over Nigeria. In my state, Edo, it's really bad. The first born son is seen as king and Lord over all including his mother! My father was so unfair to us his daughters that he bequeathed all his 7 property(both land and building) to his three sons only! Leaving the other four girls moping. Meanwhile na the senior girls sponsor the full burial and all. If not for God and posterity, the girls would have gone to court to fight that so called will of his! How dare our stupid culture make us spend money to bury our father then they turn around to say women don't partake in their father's will!!!!

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    1. My boss was telling me about the Edo thing. That's where he is from. I was just shaking my head.

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    2. Be like Ada Ukeje. Take the matter to court! Create a way for your fellow Edo women

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  19. The law should be enforced because female children has suffered in Igbo land because of greedy uncles and stupid traditions which they always quote. Molesting a widow just because she doesn't have a son. Thank God for this.

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  20. God bless this lady. why people hold on to stupid traditions that have no value whatsoever beats me.why will a man struggle all his life tolook after his children then you say when that man dies some outof those kids cannot benefit what their father worked so hard for, does it even make any sense? some boys are even so useless that they do not even add value to those properties. in some cases na the girl child dey even look after the parents in old age before they die. let people start fighting some of these useless traditions already...rant over. lol

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    1. Baby oku God bless you,I love that question,I think it's the same reason some people hold onto some funny verses in the various holy books, truly sister we need to use our brains thats why God created us differently from animals, well done baby oku

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  21. Finally, Ukeje matter is now an authority.

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  22. Fantastic! It's about time. That's why I will always talk about my paternal grandfather aka Chief Equal Rights. You should see my aunty argue with her brothers. "Papa si nor equal rights." Hahahaha. My late dad too took it a step further. My sister and mom are his next of kins. He made it absolutely clear that his female children had equal rights in fact if not more. Thank God for the Supreme court judgement even though I know it won't be that easy. There will be tears and possibly blood God forbid. Some are so lazy the only thing they are waiting for is for their parents to die. Some fight their mothers too for property. One in my place went with his wife to fight and scatter his mother's things. He died not too long after that. May God help us all.

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  23. Haaa, praise God, thank God my father has not
    shared his land properties.i will call him to
    inform him about the new development. he was
    planning to share its among his male children.
    this is not fair.

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  24. That’s why I cannot marry outside my tribe Yoruba. For all those Yoruba women who marry into tribes that treat women like shit, I salute una. Yoruba culture has always been very progressive. Even my grandmother inherited vast plots of land as her father had girls. No craze for boys everywhere, pikin Na pikin.

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    Replies
    1. True. This is one reason why I love Yoruba culture. Their women have inherited lands and properties more than their southern counterparts.

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  25. This is a great news, let the umunna take note.

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  26. A friend of mine once said many African tradition was made by selfish old men who feared the unknown.
    Why must you wait for tradition before you do the right thing.
    If you have only one child who happens to be a girl, do right by her.
    If you're blessed with a mixture of both boys and girls, do right by them
    Having plenty children is a blessing but becomes a sin when you have plenty kids without having any plan of taking care of them.
    That girl child came from your loins.the fact that you hand her out in marriage doesn't make her an outsider. The fact that she no longer bears your surname doesn't make her an outsider.
    See to it that she is properly taken care of even in her husband's house.
    Your job as a father doesn't come to an end until the day you find yourself six feets below and even after that, you have a role to play as an ancestor.
    This ruling should mark a change in the upbringing and mentality of/about the girl child.
    They should also look into the position /inheritance of adopted children in society with the passing away of their guardian/adoptive parents

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    1. It depends on people or how much land you have, I don't know. But most rich Igbo men who have so much money give their female children buildings to start collecting rent etc. Some Igbo rich men like the young shall grow motors who obviously should have a lot of estates will definitely will give some of their landed properties to their daughters.

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  27. This useless culture turn my life upsidedown see me dancing where i am now💃💃💃💃💃💃 Ada ukeje God bless you and protect you

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  28. This New Development is sweeting me kwaaa...God bleaa Ada Ukeje... Female Kids are human Too...

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  29. good news..
    as an igbo guy with two children(girl and boy)...i can not imagine anyone
    telling me that my daughter doesn't have equal rights with my son!

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  30. Does anyone know whether the girl is from a side chick? Does it matter if the properties really belonged to the wife by virtue of work? If hypothetically Okonjo Iweala (I know she has a son at least but for arguments sake) has daughters and her husband has sons outside, why would some sons from outside inherit her assets! Why do we assume that assets in a relationship were acquired by the man primarily? If you work and build houses under a man’s roof or while married to him, even if yours are the female, it should belong to your offspring, a reason many women own things without the man knowing just in case he has offspring outside. There is a Yoruba saying that “you don’t know how many kids a man has until his funeral”. Just an “out of the Naija norm” thought, what if the wife is Michelle Obama with $65m book and the husband was not a Barack Obama sized achiever? Of course it will go to Malia and Sasha not some side chick’s son in my opinion. Here the next of kin gets to decide not ummunna and it’s usually the spouse. Let’s not propagate the notion that women do not get wealthy or cannot be the wealthier parties in the marriage. If they are, there is no business for outside parties make or female!

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  31. Good news ooo, though I didn't intend contributing a dime to my father's burial till his properties are shared wella, else my brother should do it alone

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