A Woman’s Right Of Inheritance

Section 42(1) (a) of the 1999 Constitution of the Federal Republic of Nigeria as amended provides that “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, be subjected either expressly by or in 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 communities, ethnic groups, places of origin, sex, religion or political opinions are not made subject.”
This provision makes it clear that nobody should be discriminated upon by reason of his or her sex. In most parts of Nigeria today, female children are still being discriminated against on issues of inheritance, especially under native law and custom. The court has constantly held that this practice was repugnant to natural justice, equity and good conscience as seen in the case of Motoh V. Motoh (2011) 16 NWLR PT 1274 CA where it was held that the native law and custom of Umuanaga Akwa which discriminates against female children of the same parent and favours the male children who inherit all the estate of their father to the exclusion of their female siblings is repugnant to natural justice, equity and good conscience.
In the words of Niki Tobi J.C. A (as he reverence) in Mojekwu V. Mojekwu (1997) 7 NWLR (Pt 512) 283 “… any form of societal discrimination on grounds of sex, apart from being unconstitutional, is antithesis to a society built on the tenet of democracy, which we have freely chosen as a people. It is the monopoly of God to determine the sex of a baby and not the parents… Accordingly, for a custom or customary law to discriminate against a particular sex, is to say the least, an affront to the Almighty God Himself.” Aside the discrimination of a girl child some Igbo customs forbid a wife who worked hard with the husband to acquire the property they tag “His Own” from inheriting such property. In some cases the brother of the deceased inherits his wife and his property (Ikuchi).
Our courts have also condemned the tradition where a female child in order to inherit her late father’s property will assume the position of a man in her father’s house. This means that she will remain in her father’s house unmarried but have children in her father’s name (Nrachi custom of Nnewi). According to Fabiyi J.C.A. in Mojekwu V Ejikeme (200(0 5 NWLR (Pt 656) 402 “… it cannot and should not be allowed to rear its ugly head any longer, it should die a natural death and be buried. It should not be allowed to resurrect. The custom is perfidious and the petrifying odour smells to high heavens.”
Despite these bold pronouncements by the courts and the constitutional provision, many women still experience discrimination in terms of t heir right to inheritance. It is true that the brilliant pronouncement by the courts have not proven sufficient to eliminate discrimination against women as is currently experienced. This write-up is a clarion call to women to fight for their rights.

Nkechi Bright Ewere