It is not uncommon that in some customs and parts of Nigeria, women are not allowed to inherit properties of their deceased parents. In practical situations, instances suffice where the relatives of the deceased attempt to convert the properties on the ground that the deceased had no male child.
Consequently, the question this legal piece seeks to answer is wether a custom which discriminates against female children in terms of inheritance is repugnant to nature of justice, equity and good conscience. Does the constitution which is the ground norm and other Nigerian laws support this? What is the attitude of Nigerian courts in situations like this?
This question would be answered in two perspectives. The biblical perspective and the legal perspective.
BIBLICAL PERSPECTIVE
Numbers 27:4-8
New Living Translation
4. Why should the name of our father disappear from his clan just because he had no sons? Give us property along with the rest of our relatives.
5.So Moses brought their case before the Lord.
6. And the Lord replied to Moses,
7 “The claim of the daughters of Zelophehad is legitimate. You must give them a grant of land along with their father’s relatives. Assign them the property that would have been given to their father.
8 “And give the following instructions to the people of Israel: If a man dies and has no son, then give his inheritance to his daughters.
From the scripture quoted above, it means that God supports female inheritance, so why shouldn’t we?
LEGAL PERSPECTIVE
In the case of MOTOH v. MOTOH (2010) LPELR-8643(CA) the court have declared that it will have no hesitation in declaring such customary law which discriminates against female children in terms of inheritance to be repugnant to nature of justice, equity and good conscience. This position of the law has been upheld in plethora of other cases such as Ukeje v Ukeje (2014) LPELR 22724 (SC) have emphatically and unanimously held that no matter the circumstances of the birth of a female child, she is entitled to inherit or share in her late Father’s estate.
Furthermore, the 1999 Constitution as amended , in Section 42 (2) provides that
“No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances.”
In conclusion, it is not morally or legally right to hold that female children cannot inherit properties as such customs are not only unfair, but archaic and repugnant to natural justice, equity and good conscience. Where such right is being denied, you can seek redress in a competent court of law. Parents with female children are also advised to make will, bequeathing their properties to their female children.
©️Do not copy or reproduce without the consent of AceJuris. All rights reserved.
Written by Elton Chizindu Mpi
For legal consultation, send a mail at chizyelton@gmail.com
Ace Juris 