Despite a Supreme Court judgement in Ukeje vs Ukeje in 2014 which affirmed that women have the same right to inherit their fathers’ estates as their male counterparts, many Igbo women are being denied access to such by their male counterparts. Ben Aroh explores this denial in selected locales of Enugu State.
I’m unaware of such – Udenu woman
Mrs Uchenna Odo is a native of Ezimo in Udenu Local Government Area of Enugu State. She is unaware that she ought to have inherited anything from her late father. She said, “I’ve never heard about that. I have two brothers. I got married and relocated to my husband’s house. My two brothers shared whatever our father had. I’m not complaining because women don’t inherit anything from their fathers in Igbo land. You are telling me for the first time.”
Uchenna may represent the less educated category of women in Igbo land. Margret Okwor is a teacher. She said, “Igbo land is built on the pillar of male domination. I have heard that females can inherit their fathers’ property the same way their male counterparts do. But I doubt its practicability in my community. My clan recently shared our communal land among the males. There was no mention of females. Their view is that females will marry and leave their fathers’ homesteads. Within my nuclear family, I beg my brothers to even pluck mango fruit from our late father’s land which has been shared among them.”
The case is different with Josephine Oyima. She said, “I am from Enugu Ezike. I married, and had a girl for my husband before he died. My husband’s relatives came to claim his property, but I fought it and won. Our people lack knowledge.”
Cultural stakeholders differ
Ichie Oliver Ozioko is an Offor title-holder at Isi-Uzo LGA. In his view, “Men are the head in Igbo land. That is why women change their names to their husbands when they marry. If you grant them such rights, one day, women will want to be the ‘onyishi’ (clan’s head). We can’t change this otherwise our ancestors will be angry.”
A medical practitioner, Dr Anselm Odo, is a member of Igwe’s Cabinet of Ezimo community. He said, “We don’t receive such complaints. But culturally, Ndigbo don’t believe in women inheriting anything. Women are only recognised during funerals of their parents when they are asked to share the burdens of the ceremony. I believe the tradition that women have no rights to inheritance is enough to fade away. They are equally owned by their fathers, hence should have equal inheritance rights. In some families, some women are even the breadwinners. Lack of education and knowledge is the problem. Orientation is important. Even if a woman is married, there could be divorce. In that case, where will she live?”
An Igwe-elect of Umuachi in Igboeze North LGA, Chief Obiora Itodo, charged fathers to protect their female children’s rights. Quoting him, “It depends on parents. Personally, I will share what I have among my children irrespective of gender. The concerns are that females marry. For me, it makes no difference because my children’s welfare is my priority. Yoruba females inherit their fathers’ property despite being married. My daughter is entitled to whatever I have, and she can sue me if I deny her such.”
The founder of Maka Odimma Ndigbo, Nze Kanayo Chukwumezie, said the law is clear that women inherit their parents’ property as their male counterparts. He said, “There are many court verdicts to that effect. But there are areas where cultural values will not make that possible. When a woman marries in Igbo land, there is something called ‘idu uno’. The family packs as much as they can afford for her to carry to her husband’s house. Some give house equipment, cars, some even houses. It is therefore assumed that she has been settled. Added to this, in Igbo culture, there are property that can neither be sold nor passed to another family, like the village compound or ‘Obi’. No woman will want to start fighting with her male siblings for that. In all, female children are equally entitled to their father’s or mother’s property, but in practice there are still cultural barriers.”
HRM Igwe (Dr) Greg Ugwu is the traditional ruler of Akegbeugwu in Nkanu West LGA. He said, “Such cases don’t come to my palace. But I support parents sharing their property among their female children also. In most cases, it is the women that take care of their aged parents. How do you justify that such females didn’t inherit anything from the parents? Women should get such for their welfare. Women who approach the court will win because they are human beings. Women are not a taboo, they deserve justice and equity towards inheriting their parents’ property like their male counterparts.”
I’ll share my estates among my children irrespective of gender – research fellow
Charles Mbamalu is a research fellow. He said his village at Mgbowo in Awgu LGA does not factor the womenfolk into inheritance. Mbamalu however said the practice is contrary to equity and justice.
According to him, “I won’t discriminate between my female and male children. Even if the females get married, what is the guarantee that their extended homes would uplift their welfare? Hence, their welfare begins from their biological families. That should be the springboard. Allowing them to move to their husbands’ houses empty handed makes them vulnerable.”
Lawyers speak
Barr Ken Ike is an Enugu-based lawyer. He blames the continued subjugation of Igbo women’s rights on ignorance. According to him, “I’m happy you are aware of the court’s position in Ukeje vs Ukeje. The law is clear that any law that discriminates against the rights of male and female children of the same parents is contrary to natural justice, equity and good conscience.
“There is low level of awareness. Added to it is the low percentage of women victims who are willing to assert their rights and interest. Emphasis should be on girl-child education. It is only a conscious mind that can seek to assert rights and interest.”
Barr Hyginus Ugwu said, “I still wonder why women, especially female lawyers are mute over it. The solution is sensitization from primary schools. Faith-based organizations should also help out.”
Veronica Ezema is a lawyer based at Nsukka. She said, “Women are ready to reclaim their right to inheritance. The obstacle is at the family level. Many won’t like to create tension in their homes. It is unfortunate, but the awareness is gaining momentum. Kudos to parents that have accepted this concept.”
Gender-based bodies kick
Ogechi Ikeh is the executive director of Ogechi and Sam Ikeh Foundation (OSAIF). She told THE WHISTLER that, “The factor against women inheriting their fathers’ property is the Igbo culture. Despite the Supreme Court verdict, this culture will not just disappear. Most men don’t recognize that judgement, and they don’t understand its implications.”
She suggested awareness creation: “This implies going down to the community level and engaging the stakeholders. Some of them have accepted this fact. We tell them that these females are their legal children. We urged them not to stick to their old ways.
“We receive such complaints. We engage all the critical stakeholders. When they don’t accept, we give them some break, and then go back again. Some people are finding it very difficult that women should inherit their fathers’ estates. We use strategic advocacy. In most cases, it is resolved amicably and everybody becomes satisfied.”
Ngozi Ngene is the chairperson of the Nigeria Association of Women Journalists, Enugu State. She said, “Many are unaware of that Supreme Court judgement. Most men kick against it. I know where buildings and other property of a father were shared excluding the only daughter who is not even married. Most women do not want to pursue the matter simply because it might create tension in their families. We need more advocacy.”
Legislation as solution?
Hon Harrison Ogara represents Igboeze South State Constituency in the Enugu State House of Assembly. He said, “To introduce a bill to that effect will be an overkill. The fact that there is a Supreme Court ruling makes it a law.
“Anybody who is entitled to such right must go for it. When she is denied, she should approach the court for enforcement. The law made by the House of Assembly is inferior to that of the Supreme Court.
“That judgement is binding. If women continue to wait for men to relinquish what they think is their rights culturally, they will wait for eternity. What the women should do is to approach gender-based organizations and civil society organizations to enforce their rights.
“Some men don’t understand that women are constitutionally entitled to equal inheritance as they do. One can imagine the fate of an unmarried woman in her father’s compound without any inheritance. Yoruba practise such where females inherit and possess such to their husbands’ houses, and they are okay.”
This story was published with the support of Civic Media Lab
