RIGHT OF INHERITANCE OF FEMALE CHILDREN

The Right of Inheritance of female children under the Nigerian law: What you need to know as a female Child.

*INTRODUCTION*

No human being on earth has the ability to determine his or her own sex. It is God alone that determines whether a child is to be born as a male or female. Thus, to deny a child certain rights by virtue of the fact that she is a female is to say the least, an act of wickedness, an injustice and an affront on the Almighty God who determines sex. All men are born equal, thus should have equal opportunities. The sole purpose of this write up ia to create awareness of the right of female children to inherit properties in nigeria.

THE PRACTICE IN NIGERIA

Usually, when a man dies without making a WILL, and without contracting a Statutory marriage( Court Marriage), his properties are subsequently distributed among his children based on custom and tradition of the his people. Most customs do no permit a female child to share from such distribution.

For instance, the Igbo Custom does not allow a female child to join her brothers in the distribution of their deceased father's estate. Moreso, where the man died without a male child, the daughters cannot inherit their father, rather, the property goes to the brothers. This practice is prevalent in many customs in Nigeria.

In Nigeria today, it sounds awkward and strange for a female child to claim equality with male children when it comes to inheritance. It must be noted that the causes of this form of discrimination are due to the high level of illiteracy, inequality of social-economic benefits, the nature and practices of customary laws, the courts inactivity in discouraging local customs that are repugnant to natural justice, equity and good conscience amongst other issues.

#WHAT DOES THE LAW SAY?

There are jambalaya of statutory provisions both locally and INTERNATIONALLY that seems to frown at these discriminatory practices.

First, at the international level, there are plethora of provisions which seek to prohibit all forms of discrimination against women. See the following:

1. Article 2 of The Universal Declaration of Human Rights (UDHR

2. , Article 3 of the International Covenant on Economic Social and Cultural Rights (ICESCR) ,

3. Article 26 of the International Covenant on Civil and Political rights (ICCPR)

4. 2 on the African Charter on Human and Peoples Rights and Article 7 of the Convention on the Elimination of all forms of Discrimination against women (CEDAW).

#The NIGERIAN CONSTITUTION And Judicial intervention*

The supreme Court of Nigeria has held in Jambalaya of cases to the effect that the Igbo Native law and custom which prohibits women to share from her deceased fathers estate is void as it is contrary to Section 42(1) & (2) of the 1999 Constitution as amended.

The above constitutional provision, every citizen of Nigeria is entitled to the right to freedom from discrimination. It follows therefore that a female child can not be denied of her right of Inheritance on the mere reason of being a female.

Thus in *UKEJE V UKEJE (2014) LPELR-22724(SC), Justice Bode Rhodes-Vivour, read the lead judgment and held;

“No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late fathers estate.

It is hereby submitted bthat the practice where female children are denied of their right to share with their brothers, the property of their deceased father is tantamount to a denial of their constitutional right to freedom from discrimination.

#CONCLUSION*

It is my view that there is no longer any impediment to the liberty of a female child to inherit her father's property either alone or in conjunction with her brothers. In otherwords, a female child is free to pursue her right to a share in her deceased father's estate, irrespective of any customary practice to the contrary.

It follows therefore that any female child who is , has been or likely to be denied of her right either by her brothers or uncles, should approach the court for a remedy.

It must be noted that we can not shy away from the fact that there are challenges of implementation of the above position due to the fact that most customs are well rooted and many people who are victims in the rural areas are not well informed. However, by creating awarnes, which is the purpose of this write up, these discreminatory practices against women will definitely become a thing of the past.

#LEGAL ADVICE

1. Female children are hereby advised to always seek the services of a legal practitioner on the steps to take towards the enforcement of the said right.

2. It is also advised that people should not be afraid of enforcing their right, as that is, one of the ways to ensure a better society which we all desire for.

3. I also advise that people should make a WILL to avoid all these Customary practices and the incidence of litigation. This is because, the WILL will determine how one's properties will be distributed upon death. It is very important to make a WILL. Consult your lawyer for one.