By. traced through females, such as the Bemba in Zambia) her nephews, she is less likely to retain control of her home. On the other hand, it is used to designate the language of this group, the Igbo people of Nigeria. 0 Comments. Nigeria, with its complex tripartite legal system, faces a particularly challenging legal situation in the face of the Aids pandemic in maintaining a harmonious and equitable balance amongst its over 250 different diverse peoples. Though women have a legal right to inheritance in Nigeria, they often receive nothing. They can pass it on to their heirs, inherit from their deceased parents, husbands, brothers, sisters, daughters and other relations. Women are responsible for 70 to 80 percent of all agricultural labor in Nigeria, and according to federal and state law, they have the right to hold and inherit … In Northern part of Nigeria, which is largely dominated by Muslim, women’s inheritance is governed by Islamic law. Akwa Ibom State High Court sitting in Etinan, has laid to rest the ancient traditional practice in the Etinan Local Government Area, which denies women and female children the rights to inherit … Since women are treated as mere property, selfish males and brainwashed female perpetrators argue that a property cannot own a property. Likewise, a number of international laws on human as well as women’s rights are discussed as well as the laws they’ve put in place to protect the rights of all women in member states and to what extent these laws have been implemented in Nigeria. Sisterhood of the defunct. 'Here the men take it all' Not far from where she lives I met Evelyn Onyenokwalu, the first child in a … Okanga Trumpeters. … In general, women can acquire property. 4. Unini Chioma - March 3, 2021. With an HIV … According to a report in 2014, female education has an important impact on the development of a stable, prosperous and healthy nation state resulting in active, productive and empowered citizens. Virginia (/ v ər ˈ dʒ ɪ n i ə / ()), officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains.The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. Female Inheritance: Supreme Court, Igbo Culture In Head-On Collision. The apex court in what has been described as a landmark decision, upheld the right of a female child to inherit the property of her father in a unanimous decision. Emoji (y):):(hihi:-):D =D:-d;(;-(@-):P:o:>) (o):p (p):-s (m) 8-):-t:-b. b-(:-# =p~ x-) (k) Followers . A spouse of the defunct. Linkedin. Introduction The term ‘Igbo’ is used as a double signifier. The ụmụnna are descendants of one man for up to 7 generations or more. 5. 512) 283, 304-305 (Nig CA)). They are seen and treated as less important to the family, yet when serious needs arise […] INHERITANCE WITH RESPECT TO TITLE. Wills are not usually discussed by couples and a woman is viewed in a distrustful manner, if she brings up the issue with her spouse. Even … The Apex Court judgment has however, disrupted a long-held tradition of the Igbos that prohibits female children from inheriting their father’s properties. A mother of the defunct. The verdict should settle this matter forever in favour of all daughters in all corners of the country to claim their birthright, which they had been denied. THE OBA OF … Published. According to Baer (1983 cited in Sait and Lim 2006), historically, Muslim women were holders of property. Inheritance in Islam Ndokwa Reporters. Property inheritance including the rights of women to property, receives very little degree of attention in different parts of the world. Every state in Nigeria have their respective Administration of Estate Laws and these laws govern the distribution of the estate of an intestate deceased. TONY OKAFOR assesses how this judgment may improve the lot of the girl child in the area of inheritance. Property inheritance rights of women has become a major issue in Nigeria. The possessions of the deceased went to their sons or eldest son only, and girls were deprived of inheritance altogether unless a father determined an amount in his will or his sons took pity upon their female siblings and gave them something. The ancient traditional practice in Etinan local government area of Akwa Ibom state which denied female children the right of inheritance to their father’s properties have finally been nullified. The apex court in what has been described as a landmark decision, upheld the right of a female child to inherit the property of her father in a unanimous decision. By that judgment, the court voided the age-long Igbo tradition and customary law, which forbade a female child from inheriting her father’s estate. Ces présentations sont recueillies lors de la fête internationale de la journée des femmes en 2001. Published 8 September 2020. Rev. The widow to the deceased has the right to one-quarter of the estate if her deceased husband was without beneficiaries. Inheritance in Northern Nigeria Northern Nigeria largely operates using Sharia law. positioning of male and female children to inheritance. The principle, therefore, in southern Nigeria is that succession is by inheritance and under no circumstances can the eldest son be by-passed in favour of a younger son of the deceased. Speaking with THE WHISTLER in Enugu, Dr Okanya called on government and gender-based organizations to carry out the sensitization to give women a sense of belonging. Women ’ s Inheritance Rights in Nigeria : Transformative Practices @inproceedings{Emery2009WomenS, title={Women ’ s Inheritance Rights in Nigeria : Transformative Practices}, author={Vanessa Emery}, year={2009} } Vanessa Emery; Published 2009; As the HIV Pandemic continues its stranglehold on the African continent, new challenges are raised for African … Vanessa Emery JD/MSW, former student of the University of Toronto. Published on Aug. 8, 2018. “Consequently, the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian. JAIYEOLA MULIKAT BOLAJI (2015) a comparative study of women’s rights of inheritance in nigeria under islamic law and some customary laws, MSC thesis . Women and the Right to Inheritance in Nigeria est un texte de 54 pages composé de quatre 15 présentations, des commentaires, des questions, des réponses, de prises de position et un communiqué de dix points. found that while lineage practices followed the female line, inheritance patterns were bilineal and marriage practices were patrilocal. Women are deprieved of socio- economic and psychological development as they remain dependent on their husbands, brothers, uncles and in -laws. There are however exceptions in Ohafia (Abia) and Afikpo (Ebonyi). Nigeria. The Nigerian constitution of 1999, section 42 (1)(2) makes provision for gender equality without discrimination among male and female children in the following excepts: 1. 11. A female child is generally entitled to inherit her deceased father’s estate and does not need to perform any customary ceremony such as Nrachi to exercise that right. “I stand by the culture. TONY OKAFOR assesses how this judgment may improve the lot of the girl child in the area of inheritance. Despite this diver-sity, Nigeria is a mostly patrilineal society. Post a comment. INTRODUCTION: Conscience is an open wound, only truth can nurture it. The study investigates gender and the changing form of inheritance among the Yoruba of South-west Nigeria. Elimination of Harmful Practices, Culture, and Discrimination Against Women The Supreme Court has upheld the right of a female child to inherit her father’s properties and this decision has divided Igbos as some are in support while some oppose it. Nigeria, with its complex tripartite legal system, faces a particularly challenging legal situation in the face of the Aids pandemic in maintaining a harmonious and equitable balance amongst its over 250 different diverse peoples. Ukeje v Ukeje is actually one of the recent Supreme Court cases on the inheritance right of women. It's widely known that traditionally inheritance is passed through the male lineage. Customary practices bordering on inheritance evidently demonstrate varying degrees of gender discrimination as widows and their female children receive very little compared to the males. Fresh & Hot News. In this case, the Nigerian Supreme Court, in a unanimous decision, confirmed that the Igbo customary law of inheritance, which excludes female children from inheriting the property of their deceased fathers, was in conflict with the non-discrimination provisions of the Nigerian Constitution of 1999, and therefore void. Nigeria's Senate has passed a bill aimed at combating sexual harassment as part of a broader move to uphold ethics in the nation's universities, legislators said. Ultimately, a daughter’s anticipated marriage is always in view and this is one of the causes of female disinheritance in Nigeria debate. BREAKING: Court abolishes customary law against female inheritance in Akwa Ibom LGA Posted on 3rd March 2021 3rd March 2021 Author Ita Abia Comment(0) The ancient traditional practice in Etinan local government area, Akwa Ibom State which denied women and female children the rights to inherit their fathers and relatives’ landed property has been abolished, FIRST REPORTS can report. Serious attempts have been made in order to reduce the right of women in the urban and rural areas as such as better life for rural women … Nigeria has rich ethnic and cultural diversity. The Supreme Court of Nigeria, in 2015, invalidated the Igbo customary law that discriminates against female children’s right of inheritance to their late fathers’ property. Ihe nketa: Female inheritance in Igboland. Inheritance of landed property by women in Igboland -By Azuka Onwuka. Presentation at 4th Annual Igbo Conference SOAS University of London, April 17-18, 2015. 9. RIGHT TO INHERITANCE . The judgement was considered an abomination to many for an Igbo father to give his female child his estate. And quite interestingly, land whether owned by females or males can only be inherited by the males within a family. Women’s legal rights to property according to Kenneth (2000) are examined on the background of the law of succession, inheritance and the family its paramount, to point out that no particular attentions has been paid to women in the making of any law in Nigeria (2002). I employ a di erence-in-di erences strategy, exploiting ariationv in pre-reform inheritance rights across religious groups. This research is an attempt to identify certain laws that discriminate against women from inheritance within the Nigerian legal system as well as the values and philosophies that have directed the development of the laws and to demonstrate that women have recognized and protected rights by the constitution of the Federal Republic of Nigeria. By that judgment, the court voided the age-long Igbo tradition and customary law, which forbade a female child from inheriting her father’s estate. Jun 13, 2020. Although statutory laws exist to outlaw some of the many discriminatory customary and religious practices, such as female genital mutilation or purdah, in practice, enforcement is … A gender activist, Dr Ogochukwu Chinelo Okanya, Monday, called for the recognition of Igbo women’s rights to their parents’ estates. By the decision of the Supreme Court of Nigeria in a landmark decision to uphold the right of a female child to inherit properties of her father, the … Whatever inheritance the female child would have is in her husband’s house”, she said. Muslims in Nigeria generally share inheritance according to Islamic dictates. The State High Court sitting in Etinan held that any custom that denies a … inheritance(Salaam,2003). The African Women Lawyers Association (AWLA) has proposed a Constitution guaranteeing the rights of widows and widowers to the inheritance of properties jointly acquired in the absence of a will. Please only serious comments needed. Transfer of land ownership is still largely guided by customary practices that discriminate against women, … Female lines for Islamic inheritance. Nigeria: Female Inheritance - Why Some Igbo Women Stand By Their Culture Jumia Travel. The issue of denying female children inheritance is not peculiar to Igboland. Researching widows’ inheritance rights is therefore a necessary step in developing a holistic approach to combating the pandemic. You may like these posts. Some critics say the Supreme Court ruling attacks traditions and customs. In both cases, the Supreme Court condemned the refusal of customary law to recognize female inheritance with regard to property. The first will develop the normative framework for examining the issues. Under the law, a widow in Nigeria would have automatically become the custodian of her children and husband’s property upon her husband’s death. While a few lawmakers supported the bill, others believed that it violated the spirit and letter of the Nigerian Constitution. Women’s legal rights to property according to Kenneth (2000) are examined on the background of the law of succession, inheritance and the family its paramount, to point out that no particular attentions has been paid to women in the making of any law in Nigeria (2002). INHERITANCE IN NIGERIA Oluwakemi Udoh1*, Sheriff Folarin2, Victor Isumonah3 1Mrs., Covenant University , ... (whether male or female) are created from the same soul. It is practised in many parts of the country. In Nigeria, female children and widows’ rights to inherit their father/husband’s property in most tribes are somewhat similar. ABSTRACT This paper attempts to know the existing practice of inheritance in agricultural property on gender basis, and also to identify various … Female children are entitled to inherit any other property from their deceased father. disinherits a widow. Female inheritance: Supreme Court, Igbo culture in head-on collision. Despite the huge roles and expectation placed on her, Igbo daughters are disenfranchised from family inheritance. Women’s Inheritance Rights Marginalised In Igboland, Advocacy Boss. In terms Women’s Inheritance Rights in Nigeria Transformative Practices. To what extent can customary intestacy practices cure the deficiencies in our Administration of Estate laws. Women’s legal rights to property according to Kenneth (2000) are examined on the background of the law of succession, inheritance and the family its paramount, to point out that no particular attentions has been paid to women in the making of any law in Nigeria (2002). The law of succession and inheritance reflects Nigeria’s plural legal system. Court Rules In Favour Of Female Inheritance Of Property In A’Ibom Community. This discriminatory trend fuelled by ignorance, tradition and religion serves as a bar to … The customary laws that disinherit women and girls were made by men not necessarily by the gods. However, Itodo said that any attempt to implement such law in Igboland would provoke chaos and skirmishes among various communities. Reactions. If the parliament passes the measure and it is enacted, Tunisia would be the first Arab country and fourth Muslim country to adopt equal inheritance. 6. Specific Variations By: Ilobun Donald. Justice Rhodes-Vivour added, “The Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is a breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian. The first taste of feminism in Nigeria was championed by Funmilayo Ransome-Kuti, a Nigerian born but British schooled woman, about 40 years ago. 356 Exploring land ownership and Inheritance in Nigeria Therefore, they do not have permanent and inheritable rights to the land, but rights to use and enjoyment of land while physically in the family. Scope and Limitations of the StudyThis study will deal primarily with inheritance; its history, the customary laws practices of the major ethnic groups of Nigeria which are: Igbo, Yoruba, Bini, Esan, Urhobo, Islamic law and Hausa inheritance rights of women under the Wills Act of 1832 & the relevant Wills Law of selected states. WhatsApp. Reading the lead judgement, Justice Bode Rhodes-Vivour said; “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate. Female inheritance: Supreme Court, Igbo culture in head-on collision. ADMINISTRATION OF ESTATE LAW. This work also discusses the rights women have under testate succession laws to inherit in Nigeria. The Supreme Court had in a landmark judgement upheld the right of a female child to inherit properties of her father. In a landmark ruling, the Supreme Court of Nigeria has upheld the judgment of the Appeal Court respecting the right of a female child to her father’s inheritance. The Supreme Court judgment granting inheritance to the girl child in Igboland has put an end to a culture that has held the society together as patriarchal. This is the Sharia Law. In November 2012, the Law Reform Commission of Tanzania completed a survey of customary laws of matrilineal communities in Mtwara, Lindi and Morogoro regions. A person cannot qualify to inherit from a deceased on any basis outside being the same blood, whether full or half. The ancient traditional practice in Etinan local government area of Akwa Ibom state which denied female children the right of inheritance to their father’s properties have finally been nullified. Under Sharia law, a daughter can inherit from her father’s estate. Although some widows were comparatively wealthy by inheritance, a lot of them were poor (Judith, 88:7). Under the Sharia law, women can acquire and retain their own property. Matrilineage system practiced in some parts of Igbo land in the present day South East Nigeria that allows male and female children to inherit their late father’s estate inclusive of land is a welcome development and serves as a pragmatic approach to raising the bar on women’s rights under the Nigerian jurisprudence. Court Abolishes Customary Law against Female Inheritance in Akwa Ibom. It is mostly considered a taboo for a woman (not minding her age), to talk in certain meetings, walk freely without male company, negotiate land transactions and even tenancy, or attempt to inherit any property from her parents or husband. Indubitably, the hopes of widows are not dashed. Quantitative data was collected from randomly selected respondents numbering one hundred and twenty-five. ownership, control, access and inheritance. No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate. Consequently the Igbo customary law which disentitles a female child from partaking, in the sharing of her deceased lather’s estate is in breach of section 42 (1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian. Justice Bode Rhodes-Vivour, who read the lead judgment, held that: “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate. In Nigeria, widowhood is a common phenomenon attributed to the high and increasing mortality rate (Oyekanmi, 2007). Written by Toluwani Eniola. TWENTIETH-CENTURY PROBLEMS OF FEMALE INHERITANCE IN KANO EMIRATE, NIGERIA* BY STEVEN PIERCE Tulane University ABSTRACT: This article focuses on the implications of an emir of Kano's decision to forbid women from inheriting houses and farms in 1923 and a successor's re-versal of that policy in 1954. The crux of the matter was to x-ray the Supreme Court decision on “Ukeje Vs Ukeje” and other subsequent judgements of the apex court which had variously ruled that a female child is entitled to inherit her late father’s estate. Therefore, as the highest court in the country has again ruled that ”the Igbo customary law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian.