Opinion
Hope Of Inheritance For Igbo Females?
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
The traditional institution is as old as human society. It predates the advent of modern organised society. Before the emergence of modern justice system of dispute resolution and political system of administration, the traditional institution has existed long ago. In fact, it was so revered and regarded as sacred because of the mythological conviction that it was the “stool of the ancestors”. Consequently, judgment given was deified as many people especially the traditionalists believe it was the mind of the gods revealed. Perversion of justice , in the pre-modern justice system was alien and considered uncommon. Chiefs and traditional rulers though may not have generated knowledge formally (through the four walls of a classroom), yet they embody and exemplify knowledge. They hold fast the virtue of integrity and honour, fairness and relative impartiality, partly because they believed that the stool they occupy was ancestral and traditional as act of indiscretion can court the wrath of the gods at whose behest they are on the traditional saddle of authority.
The Compass of Life stated unequivocally that “the throne is preserved by righteousness”. Where righteousness, integrity and honesty are savoured,and valued, perversion and miscarriage of justice is an anomaly. The judgments of traditional rulers and chiefs were hardly appealed against because they were founded on objectivity, fairness, truth and facts beyond primordial sentiment and inordinate interests or pecuniary benefits. Judgments were precedent. Traditional rulers and chiefs, therefore carved a niche for themselves, earning the respect of, and endearing themselves to the heart of their subjects. Is it the same today? Some traditional rulers and chiefs are administering their communities in exile; they are diasporic leaders because they have lost the confidence of the people through self-serving, raising of cult group for self-preservation, land grabbing and other flagrant corrupt practices.
When truth is not found in the traditional institution that, in my considered view, constitutes the grassroots government, then crisis is inevitable.In most African societies before advent of the Christian Faith, and consequent Christening of the traditional stools in many communities in recent times, ascent to the traditional institution was a function of a traditional method of selection. It was believed that the gods make the selection. And whoever emerges from the divination processes eventually is crowned as the king of the people after performing the associated rituals.Whoever lacked the legitimacy to sit on the throne but wanted to take it forcefully, traditionalists believed died mysteriously or untimely. Traditional rulers wielded much influence and power because of the authority inherent in the stool, the age of the person designated for the stool notwithstanding. The word of the king was a law, embodied power. Kings so selected are forthright, accountable, transparent, men of integrity, did not speak from both sides of the mouth, could not be induced with pecuniary benefits to pervert justice, they feared the gods of their ancestors and were consecrated holistically for the purpose dictated by the pre and post coronation rituals.
Some of those crowned king were very young in those days, but they ruled the people well with the fear of the gods. There was no contention over who is qualified to sit or who is not qualified to. It was the prerogative of the gods. And it was so believed and upheld with fear.Kings were natural rulers, so they remained untouchable and could not be removed by a political government. If a king committed an offence he was arrested and prosecuted according to the provision of the law. But they have immunity from sack or being dethroned because they are not political appointees. However, the people at whose behest he became king reserved the power to remove him if found guilty of violating oath of stool. The traditional institution is actually the system of governance nearest to the people. And kings were the chief security officers of their communities. So indispensable are the roles of kings and traditional rulers to the peaceful co-existence of their people, ensuring that government policies and Programmes were seamlessly spread to the people that many people are clamouring for the inclusion of definite and specific roles in the Constitution for the traditional institution.
Traditional rulers are fathers to every member of their domain. So they are not expected to discriminate, show favouritism. By their fatherly position traditional rulers, though can not be apolitical, are also expected to be immune from partisan politics. This is because as one who presides over a great house where people of different political divide or interest belong, an open interest for a political party means ostracisation of other members of the family which could lead to disrespect, conflict of interest, wrangling and anarchy. Traditional rulers are supposed to be selfless, preferring the interest of their people above their personal interests following the consciousness that they are stewards whose emergence remains the prerogative of the people. The position is essentially for service and not for personal aggrandisement and ego massaging. So they should hold the resources of the people in trust. However, in recent past the traditional institution has suffered denigration because of unnecessary emotional attachment to political parties and political leaders. Some traditional rulers and kings have shown complete disregard to the principle of neutrality because of filthy lucre and pecuniary gains, at the expense of the stool and people they lead. Sadly some traditional rulers have been influenced to pervert justice: giving justice to the offender who is rich against the poor.
Traditional leaders should be reminded that the “throne is preserved by righteousness”, not by political chauvinism, favouritism, or materialism.Traditional rulers should earn their deserved respect from political leaders by refusing the pressure to be subservient, beggarly, sycophantic and docile. Traditional leaders have natural and permanent leadership system, unlike the political leadership that is transient and tenured.They should be partners with every administration in power and should not be tied to the apron string of past leaders whose activities are aversive to the incumbent administration and thereby constituting a clog in the development of the State and the community they are to woo infrastructure development to. It is unpardonable error for a traditional ruler to have his conscience mortgaged for benefits he gets inordinately from any government.It is necessary to encourage kings and traditional rulers to not play the roles of stooges and clowns for the privileged few, political leaders. Political leaders are products of the people, even as every government derives its legitimacy from the people.
No doubt, the roles of traditional rulers are so necessary that no political or military government can operate to their exclusion. This is why the 10th National Assembly mulled the inclusion of Traditional institution in the proposed amendment of the Constitution of the Federal Republic of Nigeria.Traditional rulers and chiefs should, therefore, be and seen to be truthful, forthright, bold, courageous, honest and people of integrity, not evasive, cunning, unnecessarily diplomatic and economical with truth.The time to restore the dignity of the traditional institution is now but it must be earned by the virtuous disposition of traditional rulers and chiefs.
Igbiki Benibo
The Tax Reform Bills, presented by President Bola Ahmed Tinubu to the National Assembly for passage since October, 2024, have continued to stir hot debates both at the National Assembly and within the wider Nigerian society. A quartet of presidential proposals comprising; the Nigeria Tax Bill 2024, the Nigeria Tax Administration Bill, the Nigeria Revenue Service Establishment Bill, and the Joint Revenue Board Establishment Bill; the bills present the most audacious overhauls in revenue collection laws ever proposed in Nigeria. The Nigeria Tax Bill (NTB) promises to be a comprehensive piece of single legislation that streamlines tax administration in the country.
Currently, national taxes and revenue collections are being administered through more than 11 different direct/indirect laws, and collected through numerous agencies, often times without inter-agency co-ordination, transparent accountability and timely remittances. Recent reports exposed a recurrent setback of the status quo, when in January, 2025, the Federal Accounts Allocation Committee (FAAC) accused the Nigerian National Petroleum Company Limited (NNPCL) of withholding N13.763 trillion. According to FAAC, out of the N27.28 trillion payable to the federation accounts from sales of domestic crude between 2012 and 2024, only N13.524 trillion had been remitted, leaving a balance of N13.763 trillion. Such accusations are weighty, and no doubts, justify the need to streamline revenue collections in the country.
Going by its current proposal, the NTB aims to repeal 11 prevailing laws – Capital Gains Tax Act, Casino Act, Companies Income Tax Act, Deep offshore and Inland Basin Act, Industrial Development (Income Tax Relief) Act, Income Tax (Authorised Communications) Act, Personal Income Tax Act, Petroleum Profits Tax Act, Stamp Duties Act, Value Added Tax Act and Venture Capital (Incentives) Act. These repeals would trigger a cascade of consequential amendments on numerous other enactments, encompassing the Petroleum Industry Act, the Nigerian Export Processing Zones Act, the Oil and Gas Free Trade Zone Act, the Petroleum (Drilling and Production) Regulations of 1969, the National Information Technology Development Agency Act, the Tertiary Education Trust Fund (Establishment) Act, the National Agency for Science and Engineering Infrastructure (Establishment) Act, the Customs, Excise Tariffs, Etc. (Consolidation) Act, the National Lottery Act, the Nigerian Minerals and Mining Act, the Nigeria Start-up Act, the Export (Incentives and Miscellaneous Provisions) Act, the Federal Roads Maintenance Agency (Establishment, Etc.) Act, and the Cybercrime (Prohibition, Prevention, Etc.) Act.
A key reality is that NTB’s axing blows would scrap the laws that established Federal Inland Revenues Service (FIRS), and in its place establish the Nigeria Revenue Service (NRS). The NTB proposes vesting upon the NRS, unlike in the FIRS, the powers to collect all taxes in Nigeria, including excise and import duties currently reserved for the Nigerian Customs Service, and oil revenue royalties which presently is the exclusive privilege of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC). The NTB would be empowering the NRS with a supremacy clause which provides in part that, “this Act shall take precedence over any other law with regard to the imposition of tax, royalty, levy, excise duty on services or any other tax. Where the provisions of any other law is inconsistent with the provisions of this Act, the provisions of this Act shall prevail and the provisions of that other law shall, to the extent of the inconsistency, be void.”
If passed, the emergent laws would have far-reaching reverberations across revenue generating and collecting interests across Nigeria. The new laws would phase-out or drastically shrink the powers of institutions that by their strong-holds on the proceeds of national resources, had detected the pace of the Central Bank of Nigeria and even those of governments. Proponents of the tax laws say the new reform is to increase revenue collection efficiency and reduce collection costs, considering that revenue agencies deduct commissions as collection charges even as their staff are employees of government, paid salaries for same job. However, the closing of every economic order may create losers and usher-in new set of winners. It is therefore no wonder that the tax reform bills have continued to generate much heated debates in Tinubu’s administration than no others.
Worrisome however, is the trend of the ensuing arguments which, tending towards a rather North Vs South polarising dimension, have concentrated solely on the sharing formular for Value Added Taxes (VATs), while politicians appear to be neglecting numerous other issues that bear more on the generality of Nigerians. It is also disappointing that much attention is not being paid to the blocking of revenue collection loopholes. How that Nigeria’s commonwealth is equitably harnessed and distributed to care for every Nigerian, should have been the crux of revenue arguments. As the NTB proposes a progressive VAT that would jump from 7.5per cent to 10per cent in 2025, then to 12.5per cent from 2026 to 2029, and culminate to 15per cent in 2030, it implies there is no plan to tame the current inflation burdens currently inflicting Nigerians…. (To be continued)
Joseph Nwankwor
The “withdrawn” reaction of the Rivers State Police Command to public condemnation of the police antagonism to a recent peaceful protest in Port Harcourt, tagged #Take-IT-Back Movement organised by Civil Society Organisations, the Niger Delta Congress and other concerned groups, leave much to be desired. The Police Public Relations Officer of the Rivers State Command, Grace Iringe-Koko in what seems a brilliant defence to the action of the unprofessional and inordinately ambitious conduct of the policemen had described those whom the police threw cannisters of teargas at, as, “miscreants and thieves”. To say the least, the Channel Television Reporter, Charles Opurum, Allwell Ene of Naija FM, Soibelelemari Oruwari of Nigeria Info, Ikezam Godswill of AIT and Femi Ogunkhilede of Super FM who were among those tear-gassed while discharging their legitimate duties of covering the peaceful protest, could not have been “miscreants” and “thieves”. Such practice of giving people a bad name to whip up public sentiment and hate and give a cosmetic treatment to an exceedingly ugly incident, seems the antics of some men of the Nigeria Police.
Some years ago I remember a trigger- happy police officer had rhetorically asked me, “Do you know I can shoot you here and brand you a criminal”? The question that readily came to my mind was, if a public officer and a professional journalist of several years of practice could be so threatened and branded a criminal, what is the fate of common citizens in society. That lends credibility to the fact that some victims of police brutality and extra-judicial killings are innocent. They are mere victims of circumstances. It is also common experience that men of the Nigeria Police swoop on scenes of crime, arrest some innocent residents of the area, brand them suspects and hurl them in detention for more than 48 hours. Nigeria Police should be more professional enough in their operations, so that innocent people will not suffer humiliation, incarceration and financial losses for bail. Agreed that it is within the statutory obligation of the Public Relations unit to launder the image of its organisation, but it should be done with discretion, and not with utter disregard and disrespect to the sanctity of human lives. Refutal must be factual and truth based.
The public relations or image making service if not done conscientiously can dent the credibility and integrity of a practitioner. No doubt the viral video clips on the police hurling teargas cannisters on peaceful protesters cannot be described as a figment of imagination or an attempt to “incite public anxiety and create unnecessary tension within the State” as stated by the Police Public Relations Officer in her reaction to public condemnation of the action of her colleagues. Though the able and Media-friendly Rivers State Commissioner of Police has apologised to the Nigeria Union of Journalists, Rivers State Council and the assaulted Journalists, for the unprofessional conduct of the policemen who were involved in the Journalists’ brutality, the conduct was, according to the leadership of Rivers State Council of Nigeria Union of Journalists, “barbaric, inhuman and a flagrant disrespect to the rights of the assaulted journalists. Recall that the Rivers State Police Command had described as false, unfounded and baseless, reports that police officers fired teargas on unarmed protesters in an attempt to disperse them.
In the words of the Police Public Relations officer, “Upon receiving intelligence regarding the protest, our officers were promptly deployed to the specified locations. “On arrival, a group of miscreants was observed engaging in criminal acts, including the theft of mobile phones and other valuables from unsuspecting members of the public. “Our operatives responded swiftly, dispersing the individuals. This baseless story appears to be a deliberate fabrication by mischief makers seeking to incite public anxiety and create unnecessary tension within the state.” However, it is time Nigeria Police realised that the right to peaceful protest is legitimate and fundamental. It is enshrined in International rights instruments, including the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and domesticated by Nigeria. Section 40 of Nigeria’s Constitution guarantees every citizen the right to assemble freely. The right to peaceful protest is the beauty and a function of democratic governance. It offers the masses the opportunity for self expression and calling erring or a failed government or leadership back to its statutory obligation.
It allows people to publicly voice their concerns, challenge injustices, and participate actively in the democratic process. Protests serve as a vital mechanism for holding leaders accountable and ensuring that government actions reflect the will and needs of the people. The recognition and approval of the right to protest is one action that makes a great difference between a truly democratic government from a repressive, dictatorial and despotic administration. Protest is evident and inevitable in every human institution or organisation from family to school, work places etc, if the heads or the administrators abuse their position and treat with contempt the people on whose prerogative they (leaders) were elected. Some children have also protested against their parents, students protest against wrong administration etc. Protest is therefore, a corrective mechanism, it is expression of a dissenting position against anti-people policies and programmes. The distinctiveness of the Democratic governance over the Military is unreserved and unalloyed respect and regard for the Rule of Law. If the Rule of Law and its implications are undermined, then there is inevitable transition to dictatorship, a military regime in the garb of a civilian administration.
However, the calamitous consequences during the #EndSARS protest and #EndBadGovernance protest show that the respect for the rule of law and its implications remain a far-cry to constitutional requirement. The losses incurred during such protests cannot be consigned to the dusbin of history in a hurry. What is the outcome of the #EndSARS protests and brutality? Nigeria Police and other security agencies should tread with caution on the issue of peaceful protests and treating journalists and innocent members of the public as “miscreants”, and “thieves”.
By: Igbiki Benibo