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Sunday, August 1, 2021

JUDGMENT: Supreme Court Rules Female Children Can Inherit Parents’ Estate

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The Supreme Court has ruled that a female child can inherit properties of her father, thereby voiding the Igbo age-long law and custom which forbid a female child from inheriting her late father’s estate.

The apex court delivered the landmark decision following an appeal marked: SC.224/2004 filed by Lois Chituru Ukeje (wife of the late Lazarus Ogbonna Ukeje) and their son, Enyinnaya Lazarus Ukeje against Gladys Ada Ukeje (the deceased’s daughter).

The Supreme Court held that the practice conflicted with section 42(1)(a) and (2) of the 1999 Constitution (as amended).

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.

The Court of Appeal, Lagos to which Lois Ukeje and Enyinnaya Ukeje appealed, upheld the decision of the trial court, prompting them to appeal to the Supreme Court.

In its judgment, the Supreme Court held that the Court of Appeal, Lagos was right to have voided the Igbo native law and custom that disinherit female children.

Justice Bode Rhodes-Vivour, who read the lead judgment, held that: “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 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. In the light of all that I have been saying, the appeal is dismissed. In the spirit of reconciliation, parties are to bear their own costs,” Justice Rhodes-Vivour said.

Justices Clara Bata Ogunbiyi, Kumai Bayang Aka’ahs and John Inyang Okoro, who were part of the panel that heard the appeal, agreed with the lead judgment.

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