The Supreme Court has voided the Igbo law and custom, which forbid a
female from inheriting her late father’s estate, on the grounds that it
is discriminatory and conflicts with the provision of the constitution.
The
court held that the practice conflicted with section 42(1)(a) and (2)
of the 1999 Constitution. The 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 Mrs.
Cladys Ada Ukeje (the deceased’s daughter).
Cladys 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’s father’s estate.
The trial court
found that he was a daughter to the deceased and that she was qualified
to benefit from the estate of their father who died intestate in Lagos
in1981.
The Court of Appeal, Lagos to which Mrs. Lois Ukeje and
Enyinnaya Ukeje appealed, upheld the decision of the trail court,
prompting them to appeal to the Supreme Court.
In its judgment last
Friday, the Supreme Court held that the Court of Appeal, Lagos was right
to have voided the Igbo’s 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 later 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 to bear their own costs,” Justice Rhodes-Vivour said.
Justices
Walter Samuel Nkanu Onnoghen, Claral 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.