Following last week’s Supreme Court ruling which upheld the right of a female child to inherit properties of her father; a friend called me on the phone and jokingly said “Nne, congratulations! You should be happy now knowing that, at your father’s death, you can inherit some of his properties”. Of course, he was being sarcastic because he was aware that my dad passed on many decades ago and didn’t even have many properties to be fought over by his many children.
But the truth is that the judgment is one that should cheer many females of Igbo extraction. We know that many Igbo women are working hard to make their own money, many of them are comfortable in their husbands’ homes and may not give a damn about their fathers’ plots of land or other belongings. But it is also good to know that there will be no barriers or hindrances for any woman who decides to be part of such inheritance.
This Stone Age custom had long created an air of male supremacy and superiority over the female. It is discriminatory and unjust and it has to stop. I have read some Igbo men argue that it is only the village properties, mostly land, that cannot be inherited by the female children for the reason of preserving the family lineage. How can this be true? For instance, in the case at land, Ms. Gladys Ada Ukeje had sued Mrs. Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje, 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.
Cases abound where married women, upon the death of their husband, are disinherited because they did not have a male child for the late husband. Recall Nweke v Anekwe (2014), where a widow, Mrs. Maria Nweke, had instituted a case against her late husband’s relatives over their ploy to seize a parcel of land belonging to her late husband. Just like the Ukejes’ case, the Supreme Court held that Nigerian customs which disinherit women are repugnant to natural justice, equity and good conscience and should therefore not be allowed to stand.  A former classmate of mine, after the demise of her husband, was thrown out of her house with her daughter by her late husband’s family. They took over every property of the late man including his plots of land, buildings and vehicles, claiming that the woman and her female child had no right over those properties as females. The case is still in court, I believe. The situation is even worse when the two parents are dead. The female children are treated like outcasts.
Customs and traditions like this is the reason why some couples that have no male children in Igbo land feel unfulfilled and incomplete even when they are blessed with many female children. Some of them will go to any length to have a male child so that “their lineage will not go extinct”. Many women have lost their lives in the desperation to have a male child for their husbands who continually threaten that they would marry another wife to bear a successor for them if the first wives fail to do so.
In the words of the leader of Alaigbo Development Foundation (ADF), Prof Uzodinma Nwala, “in today’s world, daughters have proved their mettle in bringing sustainability, honour and dignity to their families. Some of them have played the role of bread-winners for their father’s houses. So, it would have amounted to great injustice to continue to deny them the right of inheritance. They should be entitled to a fair share of their family wealth whether married or single.” A similar admonition was given by the President-General of Ndigbo United Forum (NUF), Chief Godson Ezenagu. He said “Granting them access to their biological father’s properties is a natural thing. Sometimes, customs handed over from generation to generation can be awkward and can be discontinued… All animals are equal and at the same time, all children are equal. We shouldn’t because customs deny the female child her natural right.”
Globally, everything is changing. There is increased awareness and clamor for gender parity, gender equality and all the likes and one thinks that it is high time we followed suit and build a more inclusive society not only in Igboland but in Nigeria in general. It will only show that we are responding to modernity. Societies are not static; they change. Any custom, law or tradition that reduces a female child to slavish status in her fatherland is definitely not in tandem with modern realities and must give way.
Therefore, as the highest court in the country has again ruled that ”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 ‘’, we hope the traditional rulers and other leaders of our communities will do everything possible to see to the implementation of this ruling. Expectedly, the new development will cause some turbulence in the land but with joint effort of the traditional rulers, state lawmakers, town unions, age grades and other stakeholders in properly educating and sensitizing our people on the latest development and enacting laws to back it up, if necessary, the storm will be over in no time and our society will certainly be the better for it.
Most importantly, it is high time our people, both male and female, imbibed the practice of Will writing.  The importance of this legal document cannot be overemphasised yet many don’t do it. Some avoid the subject like plague and accuse a spouse who suggests it of wanting to kill him. Let us ponder on these words by Henrietta Newton Martin, “A will can save one’s family from being put into a quagmired pit of legal conundrum, in case of death (which may even be untimely).”

Calista Ezeaku