CYRIACUS IZUEKWE
Across Igbo land, Southeast Nigeria, family property is tied to identity, ancestry, and survival. But for many Igbo women, inheriting land or the family house from their parents remains one of the hardest rights to claim.
The difficulty comes mainly from tradition. Igbo inheritance is largely patrilineal. Property, especially land and the ancestral home, Obi, is expected to be passed to sons. The reason often given is that sons carry the family name and will remain to perform the rites and care for the kindred.
Daughters are traditionally viewed as people who will “marry out”. Because of this, many families believe giving a daughter a share of her father’s property means transferring family wealth to her husband’s home.
As a result, daughters are usually given gifts instead — money, clothing, or farm land for use, not ownership. The eldest son, Diokpara, is typically made custodian of the family property and is responsible for family obligations.
Problems get worse when a man dies without a male child. In many communities, extended family members take over the property and ask the widow and daughters to leave. This has left many women and girls homeless after the death of their husbands or fathers.
What the Constitution Says
The 1999 Constitution of the Federal Republic of Nigeria is clear on this. Section 42(1) and (2) prohibits discrimination on the grounds of sex, among others. It guarantees every Nigerian the right to own property and to equal protection under the law, regardless of gender.
What the Courts Have Ruled
Nigerian courts have repeatedly nullified customs that bar women from inheritance.
The most cited case is Ukeje v. Ukeje (2014) LPELR-22724(SC). The Supreme Court declared the Igbo customary law that bars female children from inheriting their late father’s estate as unconstitutional. The court held that it violates Section 42(1) and (2) of the 1999 Constitution and is against public policy.
Earlier, in Mojekwu v. Mojekwu (1997), the Court of Appeal described the “Nrachi” custom and similar practices that disinherit daughters as “repugnant to natural justice, equity and good conscience.”
In Anekwe v. Nweke (2014), the Supreme Court again affirmed that any Igbo custom that prevents a widow or daughter from inheriting is void. The court emphasized that culture cannot override constitutional rights.
These judgments mean that in the eyes of the law, daughters and widows have the same right to inherit as sons. A will made by a parent also overrides custom if it states that property should go to daughters.
The Gap Between Law and Practice
Despite these rulings, enforcement at the grassroots is still weak. Many families continue to follow tradition to “avoid trouble”. Women who go to court are sometimes ostracized by their kindred. Police and community leaders often advise “settlement” instead of applying the law.
Social stigma also matters. A woman who insists on her inheritance can be called disrespectful. To keep peace, many women drop their claims, especially if they are married.
Things are slowly changing. In cities and among educated families, more Igbo parents are writing wills and transferring property to daughters during their lifetime to avoid future disputes.
Legal experts and women’s rights groups continue community sensitization. They argue that upholding the Constitution does not destroy culture, but protects families and prevents property from being wasted in endless family fights.
The law is now settled: no custom can legally deny an Igbo woman her right to inherit. But until more families accept both the court judgments and the Constitution, the struggle for many women in Igbo land will continue.
