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.
This decision had the practical effect of annulling Igbo customary law which excluded females from inheriting property from their deceased fathers.
However, as reported in 2021, women in parts of Southeastern Nigeria continue to commonly face profound discrimination in matters of inheritance despite the Supreme Court ruling.
The Supreme Court of Nigeria handed down the ruling for Ukeje v. Ukeje on the same day it handed down Anekwe v. Nweke. In both cases, the Supreme Court condemned the refusal of customary law to recognize female inheritance with regard to property. Although not named explicitly, the judgment in the present case also brought to light issues of multiple or intersectional discrimination, where discrimination is experienced more severely or in a unique way in connection with exclusion from inheritance on the overlapping grounds of gender and circumstances of birth (i.e. being born out of wedlock). Customary law in Nigeria is a major source of law; however, the holdings in these two cases illustrate that the validity of customary rules within the legal system depends on whether those rules are consistent with the Constitution and are not repugnant to natural justice, equity and good conscience. In a country like Nigeria where there is a large discrepancy in gender equality that is largely grounded in traditional cultures and practices, the holdings in these two cases are a significant step in the protection of women’s property rights and gender equality.
Gender equality in matters of inheritance is particularly relevant today when women around the world still own less than 20 per cent of the world’s land. In Africa, while 31 percent of men own land individually, only 12 per cent of women do so. Various studies reveal that women’s rights to own and inherit property, including land, are vital to breaking the cycle of poverty. According to a UN Habitat report, “[i]nheritance is one of the commonest ways for women to acquire or access land…. However, the pursuit of gender equality in inheritance rights has been one of the most difficult challenges in rights-based approaches owing to the complexity as well as well entrenched patriarchal characteristics of socio-economic, cultural and religious practices.” There have been increasing calls from human rights mechanisms and UN bodies to strengthen women’s rights to property, land and other resources through effectively addressing discriminatory laws and practices. In the context of these contemporary contestations surrounding customary laws relating to inheritance, there have been significant jurisprudential developments in various countries, including India, Tanzania and South Africa.
Special thanks to ESCR-Net member: Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
Last updated 16 July 2018