i ENFORCEMENT OF FEMALE CUSTOMARY RIGHTS TO INHERITANCE OF REAL PROPERTY IN OWERRI WEST LOCAL GOVERNMENT AREA, IMO STATE, NIGERIA

Abstract

The denial of females or widows’ right to inheritance of real property on the intestacy of a father or a husband in Imo state has been a matter of debates and litigations. Notwithstanding the Supreme Court decision in Ukeje v. Ukeje (2014) and also the 1999 Constitution of Nigeria prohibiting discrimination, female disinheritance of real property has persisted. Existing studies were limited to the explanation of the discrimination, but none dealt with the ways of enforcing the Supreme Court judgment in Ukeje v. Ukeje. This study, was therefore, designed to study the mode of implementation of the Supreme Court judgment in Ukeje v. Ukeje on inheritance of real property in Owerri West Local Government of Imo State, Nigeria. Rhode’s Crisis in Masculinity and Feminist Critical theories were conceptual framework, while the ethnographic design was adopted. Respondents were purposively drawn from five communities across Owerri West Local Government of Imo state namely, Ohii, Amakohia- Ubi, Irete, Ihiagwa and Ndegwu out of 16 communities as they all share the same cultures. Qualitative methodology was adopted for data collection. Twenty-four respondents were selected. In-depth interviews were conducted with 3 traditional rulers, one each from Ohii, Ndegwu and Amakohia-Ubi. Key informant interviews were conducted with 11 community leaders: Ndegwu (2), Ohii (6) and Amakohia-Ubi (3). One Focus Group Discussion was also conducted with ten family heads. Data were content-analysed. Ignorance, lack of awareness among the females, and the dominance of male ego in Owerri West Local Government made compliance with the Supreme Court judgment in Ukeje v. Ukeje difficult. Removing discrimination against females in the inheritance of real property was perceived by the males as an imposition of foreign culture on them. The decision in Ukeje v. Ukeje was perceived a threat to masculine superior status and as a way of giving women advantage over men. The males were also worried that the females would permanently dispossess family members of the intestate if the decision is enforced in the communities. Men also perceived the decision in Ukeje v. Ukeje as a means of weaponising the Nigerian Constitution to impose the customs of the Yoruba and the Hausa on Igbo people. However, traditional rulers and community leaders observed that persuasion was required to make the people comply with the judgment. Despite the decision in Ukeje v. Ukeje, there is still a strong cultural resistance to its enforcement. In making executive restatement of the case law, there is a need to involve traditional rulers and Chairmen of town unions in the enforcement process. The ministries of Information and Women Affairs should enlighten people on the inheritance rights of women while also enlisting the support of religious institutions.