Ozioma Onyenweaku
It had been a long standing tradition of the Igbos that a female child was not entitled to inherit from her father’s property. The reason had always been that as a woman she was married or would be married into another family; ‘let her go to her husband’s house that’s where her inheritance is.’
Then on getting to her husband’s house, she could only be recognized as having gained root in the family if she had a male child; that, of course, is why she could be entitled to anything property.
In actual fact, she would inherit nothing because inheritance belonged to male children of the deceased. And she had her God to thank for having the male children because she would have been driven out of her late husband’s house if she did not get the male child.
Then boom! The Supreme court of Nigeria!! The apex court of the land declared that customary law null and void, and of no effect; and held:
“— the Igbo customary law which disentitles a female child from partaking in the sharing of her deceased father’s estate is a breach of Section 42(1) and (2) of the constitution of the Federal Republic of Nigeria, a fundamental rights provision guaranteed to every Nigerian — It is discriminatory… Discriminatory customary law is void as it conflicts with section 42(1) and (2) of the Constitution“
The Court went further to state, “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”
It all started with a case instituted by Gladys Ada Ukeje, the daughter of one late Lazarus Ogbonna Ukeje challenging her being prohibited from sharing in the property of her late father. She was being excluded from the sharing in her late father’s property based on the Igbo’s long standing customary law.
This judgment elicited a lot of reactions from many quarters particularly from those who find the judgment unacceptable. The negative reactions are not unexpected because the customary law so thrashed had been upheld in Igboland for ages.
The Ukeje’s case with the subsequent Supreme Court historic Judgment has give not just Gladys Ukeje but all Igbo female children the right to inherit from their late father’s property.
Now, here is my grouse: I was expecting the women to roll out the drums. To celebrate! No! Four years down the line many women are not even aware of this judgment. Even those who are aware are probably too overwhelmed (or is it too scared?) to celebrate. I expected the jubilation and celebration to be everywhere, and too great not to be noticed. I know what we women can do!
I expected the leaders of the various women groups in Igbo land to educate and sensitize their members of this shackle that has been broken and dismantled.
It pains me that many women are allowing the negative reactions of some male folks to be their reality.
I was a speaker in one women forum, and I used the opportunity to discuss this landmark judgment of Supreme Court. I remember hearing a woman in the background asking, “Will it work?” I got weak.
Will what work? Who makes what work? Women, a fellow woman has courageously cleared a path for you, why are you afraid of walking on that path? Could it be the effect of the age-long shackle?
Are you also aware that the Supreme has also pronounced against custom that required a widow who had no male child to vacate her husband’s house because the property traditionally would go to the deceased’s father, and brother?
The Supreme Court had this to say,
“… A custom of this nature in the 21st century societal setting will only tend to depict the absence of realities of human civilization. It is punitive, uncivilized and only intended to protect selfish perpetration of male dominance which is aimed at suppressing the right of women folk in the given society …any culture that disinherits a daughter from her father’s estate or wife from her husband’s property should be punitively dealt with… for a widow of a man to be thrown out of her matrimonial home where she had lived all her life with her late husband and children, by her late husband’s brothers on the ground that she had no male child is indeed very barbaric …”
Great! Awesome!!
This is calling on all women leaders to please spread this good news among your different groups. We are ready to give support to women on any report of any denied right to inheritance.
Meanwhile, roll out the drums! Let’s celebrate!! The awesome Igbo females!!
