• Concerns mount over women’s exclusion from fathers’ estates

By Ngozi Nwoke 

In a deeply rooted tradition that has been passed down through generations, Fathers in some parts of Nigeria have been known to leave behind assets for their children, with sons often being the primary beneficiaries. 

This practice, while intended to ensure the continuity of family lineage and wealth, has sparked intense debate and sibling rivalry, especially when there are no written wills to guide the distribution of these assets.

At the heart of the controversy is the exclusion of women from inheriting their father’s assets, a practice justified by the assumption that they will get married and be taken care of by their husbands.

This tradition has left many women in a precarious situation, particularly those who divorced or are unmarried.

Njideka Okonkwo, a 43-year-old single mother from Ukwa East Local Government Area of Abia State, and her two sisters were denied their rightful inheritance by their family.

Being the first daughter and only female who didn’t get married like her younger sisters, her three brothers connived and refused her partaking in the sharing.

Despite being a devoted daughter and caregiver when her father was alive and bedridden, her family claimed that as a woman, she wasn’t entitled to a share of her father’s property and was left with nothing significant, as she was expected to be married off someday. 

Okonkwo’s situation is further complicated by the fact that she never married and has been caring for her child alone.

Ifeyinwa Nwosu, a 49-year-old woman from Ugwuaji community in Enugu East Local Government Area, faced a similar plight. 

After her father’s passing, her uncle and his brothers took control of the family property, leaving her with nothing. 

Despite her efforts to negotiate a settlement, her father’s brothers refused to give her a share, citing traditional customs that favour male inheritance. 

She doesn’t have children and has never been married, making her situation even more complex. 

Narrating her experience with Saturday Sun in an emotional voice indicating pain, she said: “I’m still trying to come to terms with how my own family could treat me like this. My father was a wealthy man and had three wives with many children, and when he passed away, I expected that his property would be shared among us, his children. 

“But my father’s brothers had other plans. They claimed that as women, myself and my step-sisters are not entitled to a share of our father’s property. It’s like they don’t accept that we were their own flesh and blood.

“I have never been married, and I don’t have children. But that doesn’t mean I don’t deserve to inherit my father’s property. It’s not just about the money; it’s about neglecting women and denying them their rights. 

“They just keep telling me that I’m a woman, and women don’t inherit property. My saving grace is my business, which is thriving and sustaining me. I just hope that one day, I’ll get justice and be treated with the dignity and respect I deserve.”

These cases highlight the challenges women face in inheritance matters in Nigeria’s South-East region, where traditional customs often override legal rights. 

Similarly, in the same region, there are reported incidents where widows are forced out of their homes by their late husbands’ relatives. 

These women are left without shelter or support despite having contributed to the family’s well-being during their marriage. 

The reason given is that women are not entitled to inherit property, a practice considered both unjust and inhumane by human rights activists.

However, the Nigerian courts have ruled in favour of women’s inheritance rights, but implementation remains inconsistent.

“Aliko Dangote has three daughters. Tony Elumelu has three daughters, and Femi Otedola has three daughters. These great men have invested in their daughters, and I bet you that they won’t be excluded from inheriting their fathers’ assets because they are women. Any father or family who excludes their daughters from such privilege are inhumane.

“I know of a friend who was denied her rightful inheritance by her family simply because she got married. The assumption is that her husband will take care of her, but what if the marriage doesn’t work out? I wonder what her fate will be,” said Peace Nmesoma, a concerned lady. 

While the practice of excluding women from inheriting their father’s property is not unique to Igboland, it remains a stubbornly entrenched tradition in the region. 

In many parts of Nigeria, similar customs have been challenged and gradually eroding, but in Igboland, this practice persists with remarkable tenacity. 

The cultural and societal norms that underpin this practice are deeply ingrained, making it a particularly challenging issue to address in the South-East.

Reacting to the concern, Mr Azaniah Nwoke a father of three males and three females, declared that he has included his daughters in his will, regardless of their marital status. 

Nwoke emphasised the importance of treating all children equally, regardless of gender.

According to him, tradition and culture should not be used to deny daughters their rightful inheritance. 

“As a father of three daughters and three sons, I believe that every child, regardless of gender, deserves equal treatment and opportunities.”

Nwoke revealed that one of his daughters is married and was given a shop from his assets as a parting gift. 

Despite this, he revealed that she was still included in his will. “My daughters are my children, and deserve a fair share of my property,” he said.

The 83-year-old father urged other fathers to emulate his example, saying it is the right thing to do and a step towards promoting equality and preventing sibling rivalry in a family. 

An Igbo leader has defended the practice, citing cultural and traditional norms. 

Sunday Eze, a former President-General of the Igbo-Speaking Community in Lagos, offered a different perspective, rooted in traditional Igbo values. “In our tradition,” he explained, “sons are expected to carry on the family name and legacy. 

“Daughters are expected to get married and start their own families. When they get married, they now own all their husbands’ property. It’s not about denying them their rights but about ensuring the continuity of the family lineage. Allowing her to partake in her father’s property would mean the sons losing out,” he explained.

This perspective, he noted, is based on the community’s cultural and historical context, where family lineage is preserved. 

Consequently, he added that the implication of women inheriting their fathers’ assets is that they won’t feel the need to get married or won’t be submissive to their husbands if married. 

Solomon Aguene, the president of Ohanaeze Indigbo, Lagos State Chapter, however, disagreesdwith this view, saying that the law is clear on the rights of women to inherit property. 

He pointed that women naturally have the trait and desire to take proper and adequate care of their aged parents more than the men and deserve to be included to receive whatever is left by their fathers. 

“The Supreme Court’s decision provides a potent precedent that can be relied upon to challenge any discriminatory practices or customs that deny women their inheritance rights.

“This landmark judgment has far-reaching implications for women’s rights in Nigeria, particularly in Igboland where customary laws have often been used to deny women their inheritance rights. 

“By upholding the principles of equality and justice, the Supreme Court has paved the way for women to claim their rightful place in the society and to inherit property that are rightfully theirs,” Aguene stated.

Also, in the South-East region, a deeply ingrained cultural reality discovered by Saturday Sun is that males are more valued than females. 

This preference is rooted in traditional and societal norms, where sons are often seen as a source of pride, security, and inheritance. 

As a result, boys are often given more opportunities and privileges than girls, with expectations placed on them to carry on the family name and legacy. 

This cultural bias can have far-reaching implications for girls and women, affecting their access to their fathers’ inheritance.

Lawyers specialising in Nigerian inheritance law argue that this practice is not only discriminatory but also unconstitutional. 

Chikodi Nnamani, a customary lawyer based in Enugu, emphasised that the denial of women’s inheritance rights in Igboland is a contentious issue that has been settled by the Nigerian Supreme Court.

According to Nnamani, the landmark case of Ukeje versus Ukeje (2014) is a binding precedent that upholds the rights of female children to inherit their father’s estate. 

“The Supreme Court held that the Igbo customary law that prohibits female children from inheriting their father’s estate is discriminatory and unconstitutional,” he said.

Nnamani cited Section 42(1)(a) and (2) of the 1999 Constitution, which guarantees the right to freedom from discrimination on the basis of sex. 

“This provision is unequivocal in its protection of the rights of women to inherit property, including property inherited from their fathers.”

The lawyer noted that any customary law or practice that denies women the right to inherit their father’s estate is null and void, being contrary to the Constitution and the African Charter on Human and Peoples’ Rights. 

“Women in Igboland who are denied their inheritance rights have a cause of action in court to assert their rights,” he said.

Nnamani urged women to seek legal redress to enforce their rights, saying the Supreme Court’s decision provides a potent precedent that can be relied upon to challenge any discriminatory practices or customs. 

“The law is clear that women in Igboland have the right to inherit their father’s estate, and any customary law or practice that denies them this right is unconstitutional and void.”

The lawyer emphasised the need for the ruling to be respected and implemented to ensure that women’s rights are protected and promoted. “\

Adding her opinion, human rights lawyer, who advocates for equal treatment on women, Adaeze Njoku also noted, “The law is clear: every child, regardless of gender, has a right to inherit their parent’s assets. 

“The problem arises when there are no written wills, and the family members take matters into their own hands. This is when disputes and sibling rivalry emerge

“Women deserve equal rights to their family’s assets, and it’s high time we recognised their contributions and entitlements. 

“By including women in the inheritance of their father’s assets, we promote fairness, equality, and justice. 

“It’s essential to uphold the law and ensure that daughters are given their rightful share, just like their male counterparts.”

The plight of women who are denied their rightful inheritance is a worrying concern. Many are left to fend for themselves, with no financial security or support from their families. 

Another Lagos-based gender equality advocate, Ronke Yakub called on intense enforcement of the law by the government, adding that the enforcement of law is the most crucial responsibility of the government. 

“It’s heartbreaking to see women who have been denied their inheritance struggling to make ends meet. The government needs to step in and protect the rights of these women. They deserve to be treated with dignity and respect.”

As the debate rages on, it’s clear that something needs to be done to address the issues surrounding ancestral inheritance in Nigeria. 

Whether through legislation or education, it’s time to challenge this deeply rooted tradition and ensure that every child, regardless of gender, has a right to inherit their parent’s assets.

In the meantime, fathers are advised to write wills and ensure that their assets are distributed fairly and justly among their children. 

The experts say it will go a long way in reducing sibling rivalry and ensuring that every child gets their rightful inheritance.