…Female children not second class — Bishop Nwokolo
…Ruling cannot abolish the tradition and custom of Igbos — Osisi Itodo
…Judgment good but communities still have custom and tradition — Igwe Okolo
…Court judgment bastardizes culture and tradition of Igboland — Ugwu
…I agree with the judgment completely — Ezenagu, PG, NUF
…Ends age-long man’s inhumanity to man — Emelobe
…Ruling against Igbo tradition – Abia monarch
ENUGU—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.
The judgment has evoked mixed reactions
from Ndigbo, particularly traditional rulers who are the custodian of
the tradition and culture, as well as church leaders.
It is a welcome development – Bishop Nwokolo
In
his reaction, the Bishop, Diocese on the Niger, Anglican Communion, Rt.
Rev. Owen Nwokolo described the judgment as a welcome development. He
said 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 judgment. Some years ago, the Supreme Court
gave similar judgment but we are happy and we thank the Supreme Court
for upholding the same judgment and there is no going back in females
inheriting their fathers’ property.
“Families should put the
judgment in practice and female children should stand up and claim their
right. It is not only Supreme Court judgment but God given right and
they should take that right”.
Prof. Uzodinma Nwala-led Alaigbo
Development Foundation, ADF, also welcomed 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.”
Supreme Court ruling cannot abolish the tradition of Igbos – Igwe Itodo
However,
a prominent monarch in Nsukka and the grand patron of Enugu State
Traditional Rulers Council, and the traditional ruler of Aji autonomous
community in Igbo-Eze North Local Government Area of Enugu State, Igwe
Simeon Osisi Itodo, said the Supreme Court ruling cannot abolish the
tradition and custom of the Igbos.
Itodo said that any attempt to implement such law in Igboland would provoke chaos and skirmishes among various communities.
He argued 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 Igboland.
“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.
Custom unfair to Igbo women – Igwe Nnamani
But
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 sexes, saying that the custom reduced the
female children to slavish status in Igboland.
“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
Igboland. The challenge is how to implement it now because it is an old
tradition in South-East Nigeria.”
For the chairman, Enugu State
Association of Town Union Presidents, Chief Paully Eze, “any custom
which shows to be manifestly unlawful should be expunged.” Eze, a
lawyer, said 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.
Chief
Augustine Uzochukwu from Ihiala Council Area of Anambra State hailed
the judgment just as Igwe Patrick Okolo of Nkpunano community, Nsukka,
Enugu State insisted that the Supreme Court judgment must be obeyed by
every community in Igboland.
Okolo, however, posited that Nri
ancient community stands as the best community to interpret the
judgment, “though we concur with the 1999 Constitution of the Federal
Republic of Nigeria.
The Supreme Court judgment should be upheld
in principle in some quarters of Igboland while traditional unwritten
constituency holds supreme in most quarters of Igboland.”
Judgment completely right – Ezenagu, PG, NUF
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”,
Ezenagu said and wished that the same court abolish the practice of a
married woman bearing her father’s name in her husband’s home.
“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.”
For the President-General of the
Coalition of South-East Youth Leaders, Goodluck Egwu Ibem, the Supreme
Court decision is a welcome 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 judgment that has brought back the confidence of the girl-child
in our society today. Communities that
“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.
“Rather the father can give the female child one or two rooms in case she comes with the husband and the children.
“May
be after the ceremony for which they came home they will go back. So,
the female child inheriting the father’s properties will be a difficult
thing to practice as part of our tradition in Igbo land.
“Just
imagine, after the father of the House dies and they say that the most
senior of his children who is a female child should inherit the family
house of the father in the village.
“What you see we are doing is
the steps laid for us by our forefathers. Nobody will built a house in
the village and say that his female child will come and stay there.
“By
the time, they want to implement this law in Igbo land it will cost a
very big problem it will even get to a appoint of those children trying
to eliminate themselves if not managed very well.”
“Yes, i can do
that to assist my daughter and her husband and children so that they
can live a better life if that is what they need to succeed.”
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