The Supreme Court, on Wednesday, August 19, overruled a long-held Igbo custom; which forbids a woman from inheriting her late father’s estate; on the grounds that it is discriminatory and conflicts with the provision of the constitution.

According to the ruling, 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).

Equally important, 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.

Consequently, in the course of the trial, the court discovered that she was a daughter to the deceased; and qualified to benefit from the estate of their father who died in Lagos in 1981.

Also Read: ASUU accuses FG of neglecting research institutions in fight against COVID-19

Thereafter, 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.
Specifically, in its judgment, 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.

Meanwhile, 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 a 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.

Equally important, the landmark ruling is bound to come as succour to many, who have frowned at the age-long practice.

Hnnm
The tide is gradually changing in 21st century

Ok

Nice one

God will punish Supreme Court for this blatant disregard for our culture

modified : The heading is a bit misleading; it made it sound like the Supreme Court quashed the ruling of the customary court. It might interest you to know that the Supreme Court has no right to overrule the customary court's decision if both parties had initially agreed to be tried under customary law.


I might not know much about our legal system, but I know enough to know that "where the customary law conflicts with civil law, the customary law shall be null and void to the full extent of its inconsistency".

[/quote][quote author=swiz123 post=93022744]God will punish Supreme Court for this blatant disregard for our culture

Why will you continue to keep such law, it is discriminating, every child should have right to inherit their parents property, both Male and female child, both bastard and legitimate child.
STOP THE DISCRIMINATION!!!

This is to promote laziness on the side of the husband of a girl from a wealthy family knowing that the girl will partake in her father's inheritance which is him indirectly partaking in another man's wealth.
Nonsense supreme Court, nonsense Nigerian judiciary invading in Igbo custom as a way of stopping our hustling, can do and no entitlement spirit

aremuforlife:

Why will you continue to keep such law, it is discriminating, every child should have right to inherit their parents property, both Male and female child, both bastard and legitimate child.
STOP THE DISCRIMINATION!!!

Without those laws, Igbo men will be like yoruba men that are looking for girls from rich families to marry(eg Mr Eazy), and also make the Igbo man to have entitlement mentality and be looking for sugar mummies

Isn't this old news from 2014? That's why OP didn't include the link to the article.

no interest at all make them carry am come Vila na. rubbish

Bkayyy:

Without those laws, Igbo men will be like yoruba men that are looking for girls from rich families to marry(eg Mr Eazy), and also make the Igbo man to have entitlement mentality and be looking for sugar mummies

Can't you argue for or against developments in Ala Igbo without mentioning Yorubas to butress your childish defence of the discriminatory, intolerant and caveman decisions you make in your backward region?

Is the Yoruba man your God to the extent you must validate yoir choices according to what he is doing or not doing?

Barbaric customs should be annihilate

The judgment did not nullify the tradition, but in favour of the appellant in the case in question.

Stop these nonsense. Daughters inherit their fathers acquired properties in Igbo land except ancestral landed properties which are passed on to successors and offsprings whether they are male or females (if the later decide not to marry)

Naijboy:
The Supreme Court, on Wednesday, August 19, overruled a long-held Igbo custom; which forbids a woman from inheriting her late father’s estate; on the grounds that it is discriminatory and conflicts with the provision of the constitution.

According to the ruling, 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).

Equally important, 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.

Consequently, in the course of the trial, the court discovered that she was a daughter to the deceased; and qualified to benefit from the estate of their father who died in Lagos in 1981.

Also Read: ASUU accuses FG of neglecting research institutions in fight against COVID-19

Thereafter, 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.
Specifically, in its judgment, 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.

Meanwhile, 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 a 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.

Equally important, the landmark ruling is bound to come as succour to many, who have frowned at the age-long practice.

Why can't the supreme court also abolish the death sentence for blasphemy in the north?

what did justice olabode George knows about Igbo customs..
a yoruba man for that matter...