I also agree that by virtue of Section 42(1) of the 1999 constitution of the Federal Republic of Nigeria (then S.39 (1) of 1979 constitution), any customary law which says or tends to suggest that a female child cannot inherit the property of her father, is not only unconstitutional but also null and void.
– Inyang Okoro JSC. Ukeje v. Ukeje (2014)
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This appeal is on the paternity of the respondent. Whether the respondent is a daughter of L.O. Ukeje (deceased). L.O. Ukeje deceased is subject to the Igbo Customary Law. Agreeing with the High Court the Court of Appeal correctly found that the Igbo native law and custom which disentitles a female from inheriting, in her late father’s estate is void as it conflicts with sections 39(1)(a) and (2) of the 1979 Constitution (as amended). This finding was affirmed by the Court of Appeal. There is no appeal on it. The finding remains inviolate.
– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)
No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late 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. The said discriminatory customary law is void as it conflicts with section 42(1) and (2) of the Constitution.
– Rhodes-Vivour, JSC. Ukeje v. Ukeje (2014)
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