₦airaland Forum

Supreme Court Upholds Right of Female Child to Inherit Properties in Igboland

FEMALE CHILD HAS RIGHT TO INHERIT FATHER’S PROPERTY IN IGBOLAND – SUPREME COURT

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.

Francis95:
Lol, This guy.. So you caught me viewing this thread.

My Boss, E be like This Buhari Change no reach your side

parrotibaba:
So supes now use guns? When the same ninja that was in nairomi delivers the kryptonite to lex wasn't that enough reason to believe that he works for lex? Or when lois found out that the bullet that was stuck in her journalist pad wasn't military grade but from lex's private firm, and even met with secretary Swanwick who confirmed it, wasn't it enough reason to know that lex set him up?

KingEbukaNaija:
Someone even said there is no evidence she is now okay . They are prepared to even lose their lives than accept any miracle to be true .

slap1:
Who took her picture when she was mad? What for?

Ranchhoddas:
What exactly do you people want. If atheists invade your threads, you'd complain. Now they have decided to stay away, you are asking why they are silent.

KingEbukaNaija:
Bro this one pass them . Even a nairalander also said she knows her . But the atheists in their usual parochial view of miracles will explain it away . They'll even claim that the church arranged with her seven years ago .

KingEbukaNaija:
thank God

joseff14:
The way he steals our tithe and offering and stash them in his potbelly.

winner01:
lmao. They avoided it like a plague

KingEbukaNaija:

vizkiz:
I innocent pass Abraham

vizkiz:
something wrong with the usher? How?

ayobase:
The Bible didn't mention trouser, but the israelites did understand what God referred to with respect to their culture.

ayobase:
In your culture, is trouser meant for lady?

Richirich713:
It's too long dude.

mrkayusfit:
Only Allah knows what really transpired between the woman and her assailants that day. She might be preaching inciteful messages that were too hard to bare. Even tho i condemn the action of the killers, by preaching around a mosque makes her actions daring. It's like an imam coming to preach in a church territory. I suggest the government ban street evangelism so cases like this can be averted in future. It is wrong to go around with megaphone and start preaching as early as 5am when people are resting. Those who blame Islam for her death are just displaying ignorance. We cannot use the action of few to judge the entire muslims. Islam remains a peaceful and tolerant religion.