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By Ozioma Onyenweaku
I am prompted to write this by the noted reactions of some people over the Supreme Court judgment which declared unconstitutional, null and void the Igbo customary law which outlaws a daughter from inheriting from her father’s estate.
We must recall that on June 1, 2016, the supreme court ruled that “— 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 of the Federal Republic of Nigeria, a fundamental rights provision guaranteed to every Nigerian — It is discriminatory… Discriminatory customary law is void as it conflicts with section 42(1) and (2) of the Constitution“
I have read the reactions of some men with respect to the judgment. Some are really negative and even coming from some of those placed in positions of authority.
I choose to address just one out of the negative ones. And that is the one reported as coming from Igwe Simeon Osisi Itodo, the traditional ruler of Aji Autonomous Community in Igbo-Eze North LGA of Enugu State. You must have guessed right at why his reported statement got at me. He is a traditional ruler, y’know.
Igwe Simeon was reported as saying:
“The Supreme Court will not change the customs of Ndigbo, and any effort to enforce it will bring chaos. There are traditions which had existed before the law. Before the emergence of law courts, Igbos have their tradition and custom which cannot be wiped out because of Supreme Court ruling… We would not allow it because it would breed chaos and troubles in our community. If there are customs that allow such inheritance, let the people continue the practice but it won’t work in Igboland”
Did he really say that? I want to believe he did not say that. How could he have said something that is tantamount to inciting his people to go against the law of the land! Yes, whatever the court pronounces as the acceptable position of things becomes the law until later set aside. But in this case there would be no setting aside. It is from the final court of the land. Final as in final!
‘It will breed chaos’, how? “We will not allow it”, who are the ‘We’? No! Igwe did not say that, I believe. Igwe knows that there is an obligation on him as a traditional ruler to ensure his people do things right, and uphold the Constitution of Nigeria.
What greater rights does Obi have over Ada with respect to their parents? The parents gave birth to both of us, why would you have greater right over them than me?
I am quite impressed and appreciative of the reactions to the judgment from certain notable men of honour. I have in mind such men as Bishop Rt. Rev. Owen Nwokolo of the Diocese Niger Anglican Community, and many others who described the judgment as a welcome development.
Rt. Rev. Owen Nwokolo’s reaction:
“Female children are not second class citizens and should not be treated like one; female children have and should be accorded the same rights given to their male counterparts and should therefore, not be discriminated against… there is no going back in females inheriting their father’s property. Families should put in practice, and female children should stand up and claim their rights. It is not only Supreme Court judgment but God-given judgment and they should take that right.”
Also, Prof. Uzodinma Nwala-led Alaigbo Development Foundation, ADF, also welcomed the decision when they said “…it amounted to great injustice to continue to deny them (the females) the right to inheritance. They should be entitled to a fair share of their family wealth whether married or single.”
Equally, Chairman Enugu State Association of Town Union Presidents, Chief Paully Eze said, “ any custom which shows to be manifestly unlawful should be expunged” …. It is wrong to deny any child inheritance because of sex consideration; any custom that does not meet the test of time must be expunged”
Notably, President-General of Ndigbo United Forum, NUF, Chief Godson Ezenagu, commended the decision of the Supreme Court saying that granting females access to their father’s property is natural, adding that it would give them a sense of belonging in the society.
Igwe Patrick Okolo of Nkpunano Community Enugu State insisted that the Supreme Court judgment must be obeyed by every community in Igboland. Gbam!!
With all these, we can only but agree with Rev. Nwokolo that there is no going back in females inheriting their father’s property. Yes, the train is moving and we are bidding farewell to male chauvinism in Igboland. Do not be left out!