Igbo daughters’ inheritance law has finally been put to rest in favour of the daughters of the land, thanks to the bravery of Cladys Ada Ukeje.
Ms Ukeje dared protest the age-long tradition that denied daughters of the ethnic group any part in the estate of their deceased fathers.
The Supreme Court ended the custom, describing it as discriminatory and in conflict with the provisions of the constitution.
In the ruling, the practice conflicted with section 42(1)(a) and (2) of the 1999 constitution of the Federal Republic of Nigeria.
The judgement is premised on the appeal (SC.224/2004) filed by Mrs Lois Chituru Ukeje (wife of late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Ms Cladys Ada Ukeje (the deceased’s daughter).
Cladys filed a suit before the Lagos High Court claiming to be the deceased daughter and seeking to be included as one of those entitled to their late father’s estate. Lazarus Ogbonna Ukeje died in Lagos in 1981.
During the trial, Cladys Ada Ukeje was discovered to actually be late Lazarus Ogbonna Ukeje’s daughter but was denied a part his estate. She was thereafter reinstated as beneficiary.
Mrs Lois Ukeje and her son Enyinnaya then approached the Court of appeal, Lagos who ruled that the High Court was right in voiding the tradition. It therefore ruled in favour of Cladys.
Mother and son thereafter headed to the Supreme Court to appeal the judgment. On its part, the supreme court upheld the ruling of both courts, voided the Igbo tradition and granted daughters of the ethnic group the rights to the inheritances of their late fathers’ estates.
The Ruling by Justice Bode Rhodes-Vivour (excerpts):
“No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance form 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.
“The said discriminatory customary law is void as it conflicts with Setion 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.”
The ruling comes as succour to many daughters of Igbo Land who frowned at the age-old practice. They have continued to thank Cladys Ada Ukeje and commend her bravery for standing as their voice in the face of the age-long discrimination.
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