Blossom023:


Brother.. What part of my comment said she should not go to court. Do you hold something against women?

Madam, have nothing against women but ur comments that the husbands should inherit another man's property am sure you know absurd. That can't happen even in developed countries talkless of Nigeria. Thats why the comment about only comming from a woman.

If you were Muslims Then This could be No issue at all.

Yes Supreme Court Rules that Women especially in the East can inherit. Go get a God Fearing Lawyer.


All the best.

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

chiefmidwife:
Thanks all..
The said land is in my village in Eha-Amufu Isi-Uzo LGA Enugu State..
It is nt a communal land..it was solely owned by my grandfather..
The eldest man in the family(umunna) and nearby family have told them to leave the said land to my mother and aunt that their father has no son or brother bt they went and bribed the villagers from. Behind and also sanctioned those two men..
The last judgement by the elders of the community,the Igwes and cabinet..they said that the land belongs to my mother's father but women cannot come from their husband's house to inherit their father's property

your case is complicated, had it been their willed the said property to them, then they have a case.
But since the land is inherited, the village custom and tradition will take precedence.


I am yet to see female inherit a landed property in Igboland, that is why Igbo families are patrichial in nature

Op, you can still take your chance, no harm in trying

linusbnn:


Your balls go only add to my own to make it four. Be guided

Lolz..the strikin igbo-ness I percieved in ur comment even goes further to prove me rite mehn

IykeWest:
I can relate to your problem, the lands doesn't necessarily belong to mum and ur aunt but it's better it goes to them both than to anyone else. My dad has land issues with a lot of people and he never lost his lands to any of those people and they're two ways to win, one is with a lawyer(Make the preceding judge will FåvOur u for no reason, and the opponent's lawyer won't be organized and be talking rubbish) and the other is to make whosoever that is interested in the land to loose interest(If someone who you know wants to take the land from y'all, then make them wake up the next day and think, mehn I should leave tis land for tis family) both have worked but in ur case I've to suggest a lawyer, and take the case to court. But, I've to warn you, you're about to go to battle, I hope you've money cos nothing is free in tis world. If you really wanna win ur dad's props and make people forget about the land, and u have money then drop your number or bbm pin I'll contact u. If not, kindly ignore and keep scrolling down. Thanks for reading.

P.S. My way involves juju.

Are you for real?

swagzofroyalty:

The Supreme Court has decided that such custom preventing women from inheriting is unconstitutional. Contact me 08058284552

how bout my own case.I quote my mum.





Sometime in 2006,my husband,of blessed memory obtained expression of interest form for the above mentioned 2 bedroom flat, after the govt advertised the sale of its properties for legal sitting tenants . thereafter,he filled the form and obtained a #10000 bank draft which is the required fee for proof of expression of interest.once he was through with the process, he proceeded to the lagos state liaison office of the committee at oyikan abayomi drive,ikoyi on September 9 of that same year along with a letter of introduction signed by his then commander,Mopol 43 PMF squadron,acknowledging him as the occupant of the said property;and he submitted all the required documents.

About six(6) months later,on the 27th of march 2007;he took part in the FHA house verification exercise which was conducted at festac.he paid the sum of #5000 for the verification and was issued a receipt to that effect.Thereafter,he was issued an acknowledgement slip after returning the verification form attached with the dopist slip,letter of allocation,receipt of payment and deed of assignment.follwing the successful completion of the verification,it was indicated in the verification slip that his deed of sublease was being processed.

Fast forward to 2012,when the list of allotees was published,my husband's name was replaced with my neighbour's who equally is an occupant in the said 2bedroom flat.As a matter of fact;we occupy one bedroom and the sitting room while he has the other room and the kitchen,my husband was his senior in rank and number of years in service, and lastly we came into occupation of the said property in 1993 while he occupied his around 1998.

Following the realisation of this perceived injustice on the part of the committee,I was advised by concerned individuals to visit the committee's head office in abuja.Due to paucity of funds,I couldn't go immediately. It was 2 years later, in 2014 I took my son there and informed them of the anomaly. Upon getting there,we explained the discrepancy to the lady in charge,following which she searched for the file containing the list of those who expressed interest in the property. surprisingly, we found my husband's name written in ink instead of typed as is the case with other occupants in the block of 16 flats.after this discovery,i was directed to write a letter to the head of the committee detailing all these,this I did and received a stamped copy.

In june of the same year, being five months after we filed the petition, I called the lady to ask about their decision on the matter,and I was informed my husband made an error in the expression of interest form which I view as inconsequential.The only error he made while filling the form was where he wrote 2003 instead of 2006 when he filled and submitted the form.

I am aware the committee engages in shady deals in order to make extra money from the sale of these properties which number over twenty.it is on this backdrop that my neighbour sensing my husband is late,went behind to bribe the committee in order that my husbands name can be replaced with his.

As I write this,he has issued me and my 7 kids a notice to quit by end of September and I have no where to go since I'm yet to get my late husband's insurance claim.i have a shop close to where I live and that's me and my kid's only source of livelihood.As a matter of fact,of the 5 widows in my neighborhood, I am the only one experiencing this injustice,as others have been issued their offer of leasehold letters.Also,the said neighbour has a house that is near completion in ayobo,and has been transfered out of the state leaving only his wife and 3 kids behind.I on the other hand have 7 kids and a grand child to cater for.

What do you think?seeing as my husband is entitled to this property on the basis of seniority and preoccupation;and not the flimsy excuse of the minor error he made on the form,as this is inconsequential.what is important is the fact that he expressed interest in the property at the time it was advertised(2006),paid the required fee as proof of his expression of interest, and the Nigeria police deducted his monthly rent from his salary from 1993 to 2011 when he passed on.

Please advise. Do we have a good case if it's taken to court?

youngest85:
So U want lawyer to overturn d tradition?

U must b joking!

Bro why? So you are among those that deny women their right when they need it most. It's not good oo

Nigeria: Supreme Court Invalidates Igbo Customary Law Denying Female Descendants the Right to Inherit
(May 6, 2014) On April 14, 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. (Lemmy Ughegbe, S’Court Upholds Female Child’s Right to Inheritance in Igboland, THE GUARDIAN (Apr. 15, 2014).)

Background

The case originated at the Lagos High Court. When Lazarus Ogbonna Ukeje, a member of the Igbo ethnic group, died intestate in Lagos in 1981, Cladys Ada Ukeje (his daughter) sued Lois Chituru Ukeje (the deceased’s wife and the plaintiff’s stepmother) and Enyinnaya Lazarus Ukeje (the deceased’s son and the plaintiff’s half-brother) before the Lagos High Court, seeking that she be included among the persons eligible to administer the deceased’s estate. (Tobi Soniyi, Supreme Court Upholds Right of Female Child to Inherit Properties in Igboland, THIS DAY LIVE (Apr. 15, 2014).) The High Court sided with the plaintiff and voided the Igbo customary law excluding female descendants from inheritance. (Id.)

Dissatisfied with the High Court’s ruling, Chituru and Lazarus appealed the decision to the Court of Appeal. (Id.) When the Court of Appeal upheld the High Court’s decision, Chituru and Lazarus availed themselves of their right to appeal the decision to the Supreme Court. (Id.)

Igbo Customary Law of Inheritance

Members of the Igbo (also known as Ibo) ethnic group mainly live in the southeastern part of Nigeria and constitute 18% of the country’s over 131 million population. (Nigeria Facts, NATIONAL GEOGRAPHIC (last visited May 5, 2014).) The Igbo rites classify property into three categories: land, commercially valuable trees and plants, and movable property (household articles, livestock, money, and debts). (SAMUEL CHINWUBA OBI, THE IBO LAW OF PROPERTY 30 (1963).)

The inheritance rules of the Igbo ethnic group appear to largely favor male offspring over female offspring of a deceased person. For instance, although many local variations exist, inheritance of individually owned land generally follows the principle of primogeniture. (OBIORA F. IKE & NDIDI NNOLI EDOZIEN, UNDERSTANDING AFRICA: TRADITIONAL LEGAL REASONONG: JURISPRUDENCE AND JUSTICE IN IGBOLAND 118 (2001).) Therefore, when a man dies intestate, the largest share of his individual land would devolve to the eldest son, with other sons sharing the rest equally. (Obi, supra, at 199.) If the deceased does not have sons, his individual land devolves to his brothers to be shared according to seniority. (G. A. Wigwe, Igbo Land Ownership, Alienation and Utilization: Studies in Land as a Source, in IGBO JURISPRUDENCE: LAW AND ORDER IN TRADITIONAL IGBO SOCIETY 32, 39 (G. M. Unezurike et al., eds., 1986).)

Although Igbo women are by and large excluded from inheritance, some localities permit female children to inherit their father’s compound in joint tenancy with their brothers; however, in these instances, the eldest brother remains in control of the property. (Jaoyeola Mulikat Bolaji, A Comparative Study of Women’s Rights of Inheritance in Nigeria Under Islamic Law and Some Customary Law 157 (Dec. 2011), University of Ilorin website.) There are also localities in which a daughter with respect to whom a nrachi ceremony is performed (a practice in which a female child of a man who does not have male issue is prevented from marrying so that she can bear male children in her father’s name) may inherit her father’s compound, land, and house/s. (Id. at 158.)

Similar to the inheritance of individual land, the inheritance of investments on land (including trees with commercial value) also varies from one locality to another. Although such property is generally inherited by sons as corporate body, there are localities where they are jointly inherited by the deceased’s full brothers, matrilineal uncles, matrilineal half-sisters, matrilineal sisters, matrilineal half-brothers, matrilineal aunts and the mother of the deceased. (Bolaji, supra, at 159-160.) In some areas, such property is inherited by the eldest son with some limitations on his rights to dispose of the property. (Id.)

Supreme Court Decision

As did both the Lagos High Court and the Court of Appeal, the Supreme Court found that the Igbo inheritance rules that exclude women from inheritance violate the country’s 1999 Constitution, confirming the decisions of the Lagos High Court and the Court of Appeal. Justice Bode Rhodes-Vivour, one of the five justices who heard the case, delivered the Court’s opinion in which he stated that

no matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her later father’s estate. Consequently, the Igbo Customary Law, which disentitles a female child from partaking in the sharing of her deceased father’s estate is in breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian. (Ughegbe, supra.)

The above cited provision of the Nigerian Constitution, which guarantees freedom from discrimination, states that:

(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:-

a. be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions are not made subject; or
b. be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.
(2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth. … (Id.; Constitution of Nigeria (1999), § 42, International Centre for Nigerian Law (ICFNL) website.)

Accepted Discrimination

Although gender-based discrimination by customary rights is banned, it appears that age-based discrimination remains acceptable. As it did on a number of occasions in the past, on April 19, 2013, the Supreme Court upheld as constitutional the principle of primogeniture under the Bini customary law of succession in which the eldest son is entitled to inherit the family’s principal house, known as Igiogbe. (See Hanibal Goitom, Nigeria: Supreme Court Upholds Bini Customary Law System of Primogeniture, GLOBAL LEGAL MONITOR (Apr. 24, 2013).)


http://www.loc.gov/law/foreign-news/article/nigeria-supreme-court-invalidates-igbo-customary-law-denying-female-descendants-the-right-to-inherit/

0ubenji:
Tho O.P dint mention the tribe involved anywhere in the Original text..but..I can bet my balls on this dat they are igbos..(No offence meant: De facto)

it's not just ibos, I am bini, if my dad dies tomorrow, I get nothing except he personally gave it to me before his death, only my elder brother gets it,or in this case all the first sons from his different wives get to share his properties leaving the female children with nothing

Where are those claiming women aren't marginalized in Nigeria. If this isn't marginalization, what is?

And the women that support them obviously think they aren't worth anything hence deserve the discrimination.

I still wonder why people are in denial of the fact that female oppression is a real thing in Nigeria.

fellis:
This is really unfortunate. I guess this is the type of thing men want to see happening that's why they keep fighting gender equality tooth and nail.


Op get a very good lawyer to help you, sorry about this sad situation. Get a lawyer and tell your mom and aunt to avoid the people from your dad's family for the main time. There are many cases of people getting killed because of landed property so she should be careful.

IykeWest:
I can relate to your problem, the lands doesn't necessarily belong to mum and ur aunt but it's better it goes to them both than to anyone else. My dad has land issues with a lot of people and he never lost his lands to any of those people and they're two ways to win, one is with a lawyer(Make the preceding judge will FåvOur u for no reason, and the opponent's lawyer won't be organized and be talking rubbish) and the other is to make whosoever that is interested in the land to loose interest(If someone who you know wants to take the land from y'all, then make them wake up the next day and think, mehn I should leave tis land for tis family) both have worked but in ur case I've to suggest a lawyer, and take the case to court. But, I've to warn you, you're about to go to battle, I hope you've money cos nothing is free in tis world. If you really wanna win ur dad's props and make people forget about the land, and u have money then drop your number or bbm pin I'll contact u. If not, kindly ignore and keep scrolling down. Thanks for reading.

P.S. My way involves juju.

5BF5C522..ping me

BUSHHUNTER:
Its voluntary if they are to give them anything or not.


Don't let some bush$hit western mentality overrun your native thought/heritage.


Don't drag it with them!
Value your life!
Tradition is Tradition!

Are you normal?
@OP
This isn't rocket science ma simply get a lawyer! It's an open and shut case!
Precedence being set in ukeje vs ukeje at the supreme Court
She will win the case easily

2dugged:
it's not just ibos, I am bini, if my dad dies tomorrow, I get nothing except he personally gave it to me before his death, only my elder brother gets it,or in this case all the first sons from his different wives get to share his properties leaving the female children with nothing

Bae..I get ur point..me sef na delta pikin nd same goes on here too..
I dint liken d subjects of this case to be bein igbo coz of the tradition..nah..nah..we all knw itz almost evriwhr in 9ja

I actuali figured dem out bein igbos cox they(igbos) are d best agitators for properties of d deceased(weda related or unrelated)..lolz..
Dey can go any effin mile on such cases..

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

For those of you who was against the women equality bill, This was the essence of that bill. But not women taking over the role of husband as many people think.

BUSHHUNTER:



Get a life and quote me no more.

Why?

cococandy:
And the women that support them obviously think they aren't worth anything hence deserve the discrimination.

I still wonder why people are in denial of the fact that female oppression is a real thing in Nigeria.

They will read this topic and still come back tomorrow to wage war against gender equality so that women remain subjugated and suffer things like this.

Sociopaths.

if the land is in a desirable location and your mother has the document. they should go sell it to a lawyer cheaply to get something out of it. Village people don't recognize any court room decision, especially that the King is not on your side

chiefmidwife:
The eldest man in the umunna has told us that if oyibo people invite him he will go and testify bt am looking for monetary aspect of the Case..
We are nt well to do and that's part of the reason they are overpowering us..

0ubenji:

Bae..I get ur point..me sef na delta pikin nd same goes on here too..
I dint liken d subjects of this case to be bein igbo coz of the tradition..nah..nah..we all knw itz almost evriwhr in 9ja

I actuali figured dem out bein igbos cox they(igbos) are d best agitators for properties of d deceased(weda related or unrelated)..lolz..
Dey can go any effin mile on such cases..

aite

chiefmidwife:
My mother and my aunt want to claim their father's landed property but they were denied it on the ground that according to tradition women don't inherit their father's property and 2ndly they are married off and their father didn't write any will..
NB their father had no son or brother or uncle..
Is it possible based on recent court judgement for my mother and aunt to win in court?
Advice pls it's urgent

Get a Lawyer to file an action in court The Supreme has abolished that teadition

youngest85:


No vex!

Oh?

Kosi wahala! Happy weekend!

ClinicalHope:
Kosi wahala! Happy weekend!

Same.... Ke Maka Oru Nke Ta?

0ubenji:

Lolz..the strikin igbo-ness I percieved in ur comment even goes further to prove me rite mehn

Just an advice bro. Your balls re very important and you may loose it.

Well, according to Nigerian common law, women have equal rights to inherit the estate of their deceased fathers. The Supreme court, in a 2014 case, held the following:

"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.

The said discriminatory customary law is void as it conflicts with Section 42(1) and (2) of the Constitution."

http://www.nigerianmonitor.com/supreme-court-upholds-right-of-female-child-to-inherit-properties-in-igboland/