The Girl-Child And Inheritance

Female inheritance is not a new phenomenon, it
dates back to Bible days. For example when the children of Isreal left Egypt to the Promise land, under the leadership of Moses, one of them named Zelophehad died before they got there. As they shared their lands the daughters of Zelophehad who had no son demanded for the portion that pertains to their father and they were given. (Numbers 27:2-11).
In many Nigerian Custom, the boy-child and the girl-child are not treated equally when it has to do with inheritance. This is based on a belief they have that the girl-child would eventually marry and lose all identities that makes her a member of the said family. But this cannot be excused in a modern and democratic society such as ours, whose constitution provides in section 42 (1) (a) (2) that (1) “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person.
(a) Be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other commuters, ethnic groups, places of origin, sex, religions or political opinions are not made subject;
(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstance of his birth.
The Supreme Court on Monday, April, 2014 voided the Igbo Customary law, which denies daughters from inheriting their fathers estate. The Supreme Court said it was discriminatory and in conflict with the above provisions of the 1999 constitution of the Federal Republic of Nigeria. The judgement was given in a family dispute between Gladys Ada Ukeje, who was disinherited from the estate of her deceased father, Lazarus Ogbonna Ukeje. She sued her step-mother, Mrs Loise .C. Ukeje and her son, Enyinnaya Hazarus Ukeje.
A Lagos High Court, the Court of Appeal and the Supreme Court all reached the same decision. They confirmed that Gladys was qualified under the laws of Nigeria to inherit her father’s estate. Justice Bode Rhodes-Vivour, who read the lead judgement stated, “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”. This verdict one would expect should settle this matter forever in favour of all daughters, to claim their birthright which they had been denied. It is a victory Nigerians should applaud for the hopes it creates for families without male children.
Although the implementation of the judgement is likely to be fraught with difficulties and even likely to be resisted by the menfolk in traditional communities. But it is a ruling that should be used for the just and equitable nation envisaged by our constitution.
The role of women in modern society is changing, they are now assuming more leadership responsibilities than the traditional society envisaged. Women in Nigeria like every part of the world are making positive contributions to the society, so discrimination, against them, ARE NOT JUSTIFIABLE.

Nkechi Bright-Ewere