By Lillian Okenwa
A Senior Advocate of Nigeria (SAN), Chief Ogwu James Onoja has called on judges, lawyers, women groups and non-governmental organizations to step up activism, enlightenment and vigilance against cultural practices affecting women.
Delivering a paper titled: Women and Traditional Inheritance: A Constitutional Analysis, in Abuja, Onoja disclosed that: “Section 42(2) of the 1999 Constitution forthrightly prohibits subjecting any Nigerian to disability merely because of the circumstances of his birth.”
He maintained that: “A person’s gender is determined at conception and fixed at birth. Thus a woman shall not be discriminated against merely because she was born a woman.”
Piqued by the
recalcitrant nature of this prejudice, Onoja
counselled that:
“It is
important for society as a whole particularly women, Non-Governmental
Organizations devoted to women’s right, lawyers and Judges to rise up to the
occasion and ensure that such cultural practices are eradicated so that women
can rightfully take their place in inheriting property.”
Section 43 of the 1999 Constitution (As Amended) provides thus: “Subject to the provisions of this constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.”
The Senior Advocate who advised that violation on rights of women to inherit property should be resisted, made recommendations.
“Non-Governmental Organizations like International Federation of Women Lawyers (FIDA) could provide and support advocacy in this regard. Also the courts in the mold of the activism of His Lordship Niki Tobi should be forward looking in their determination of cases involving women’s right to succession. Overall there is the need for education on women’s right and enlightenment of the society on issues that pertain to gender equality in all ramifications of societal life.”
To counter this noxious practice, and adequately accommodate women and female children, he further advocated for deepening the practice of making wills and gifts inter vivos (a legal term referring to transfer or gift made during one’s lifetime).
“This would have the effect of expressly giving a woman either as wife or daughter the right to inherit property. A resort to native law and custom is often undertaken in the absence of a will or where a man dies intestate. Therefore, once a will is made stating that a man’s wife or daughter is entitled to a share of his property, a resort to native law and custom will no longer be necessary.”
Also Chief Onoja observed that the constitution is not so definite in its provisions of the right of Nigerians to moveable property. “This appears to be a lacuna that should invite constitutional amendment to include provisions on moveable property as is the case with immoveable property. This will provide ample cover for women to enjoy equality in respect inheriting moveable property.”
The Supreme Court in the action between Ukeje v. Ukeje has since ruled that:
“No matter the circumstances of the birth of a female child, she is entitled to an inheritance from her late father’s estate. Consequently, the Igbo customary law which disentitles a female child from partaking in her deceased father’s estate is in breach of section 42 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 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.”
Citing Article 2, particularly Article 18(3) of African Charter on Human and Peoples Rights which provides that the state shall ensure elimination of every discrimination against women, he concluded thus: “Section 43 gives every Nigerian the right to own immoveable property in any part of the country without any qualifications whatsoever and therefore provides constitutional basis for the equality of the sexes in the ownership of property.”
