18/10/2024
Posted • I had an invitation to speak at Fresh FM yesterday on whether there is a legal backing that entitle women to inherit their parents' properties.
I spoke extensively on it😊 and here are some of the things I said. Section 42 (1) and (2) of the 1999 Constitution as amended provide that no one should be deprived of their rights on the basis of s*x or circumstances of his birth. Equally, a recent Supreme Court judgment in the landmark case of UKEJE V UKEJE (2014) LPELR-22724 (SC) has affirmed the constitutional rights of Nigerian women to inherit from their deceased parents. This decision established a woman's right to inherit her deceased father's property. In that case, Hon. Justice Rhodes – Vivour, JSC who delivered the lead judgment said:
“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 disentitled a female child from partaking in the sharing of her deceased father’s estate is in breach of Section 42 (1) and (2) of the constitution, a fundamental right provision guaranteed to every Nigerian. The said discriminatory customary law is void as it conflicts with Section 42 (1) and (2) of the constitution.”
This decision cemented a woman's entitlement to her late father's estate, reinforcing constitutional provisions. Thus, where a custom is obnoxious and repugnant to natural justice, equity and good conscience, the court has the discretion to share the property in just and equitable way.
