Following the judgment of the Supreme court that females can inherit their fathers’ properties, several counter views have been raised, with many sayi
Following the judgment of the Supreme court that females can inherit their fathers’ properties, several counter views have been raised, with many saying that tradition cannot be abolished.
The Supreme Court had earlier ruled on that the rights of females to inherit the properties of their late father. The landmark 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 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 females from partaking in the sharing of her deceased father’s estate is a breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.
The said discriminatory customary law against females 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.
However, prominent Nsukka monarch and grand patron of Enugu State Traditional Rulers Council, as well as the traditional ruler of Aji autonomous community in Igbo-Eze North Local Government Area of Enugu State, Igwe Simeon Osisi Itodo, has reacted to the development saying the Supreme Court ruling cannot abolish the tradition and custom of the Igbos.
Itodo added that any attempt to implement such law in Igboland would provoke chaos and skirmishes among various communities, arguing 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 a 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 a court ruling,” the monarch said.
