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Although the Supreme Court has affirmed the judgments of the High Court and the Appeal Court on the unconstitutionality of the Igbo customary law of succession excluding female offspring from eligibility to inherit property of their fathers, it appears the Igbos are prepared to resist any law that will harm their culture.
By Christabel Ejenike
IN April 2014, the Nigerian Supreme Court, in a unanimous decision, confirmed decisions of two lower courts, which had found unconstitutional an Igbo customary law of succession excluding female offspring from eligibility to inherit the property of their fathers.
But how far has this judgment influenced the practice of this cultural practice that has been passed from generation to generation and has helped to maintain peace and stability in Igboland.
Although the Supreme Court judgment has prompted several debates on the matter, nothing really has changed since the Igbos believe that the system they have is working for them and they have various mechanisms to resolve issues bordering on inheritance.
In most Igbo communities the inheritance system appears to favour the male child more than the female child. But the law did not take into consideration that the female child is usually given her share of the father’s wealth during her marriage ceremony. According to the cultural rites, the female child is given the basic things she will need in her husband’s home. It is generally referred to as Idu-Uno. These days, such items include clothes, fridge, sewing machines and gas cooker. Some wealthy parents give their girl child cars and houses to avoid any problems that may arise during the sharing of his wealth in case of sudden death.
And for the male child, who inherits the father’s wealth, he is required to use the proceeds from the wealth to train his siblings and take care of some of the father’s relations and ensure the continuation and sustenance of the family name and homestead.
There is also the preference for the male child in Igboland since they believe that it is only the male child that can ensure the continuity of his family lineage and retain the name of the family. Hence, you hear such names as “Ahamefuna” meaning “my name should not go extinct” and “Obiefuna” meaning “my household should not go extinct.” This practice is not misplaced since it is only the male child who can do it since the female child loses her maiden name when she gets married.
It is also important to state that many rich men in Igboland are now keying into the writing of Will where they share their estate the way they want to avoid any crisis after their passage. In such instances, the girl child is often given her own share of the father’s wealth.
But with modernization this practice will be soon be discarded since the female child enjoys the same level of education and empowerment that is offered the male child and the emphasis on inheritance may not arise.
Despite the existence of this law, the inheritance practice in Igboland has not changed and may not likely change because of the legal pronouncement of the apex court. What will likely bring about change is the effects of education and modernity on the people and not the legal stand of the courts on the matter.
– June 25, 2021 @ 15:23 GMT|
Tags: Inheritance System: Igbos are ill-prepared for laws that can harm their culture
