Abstract
Human Rights Instruments thus, the Universal Declaration of Human Rights 1948 (UDHR) as emanated from the aftermath of the 2nd World War and subsequently, the International Covenant on Economic, Social, and Cultural Rights1966 (ICESCR) (ratified by Nigeria on the 29th day of July 1993), the International Covenant on Civil and Political Rights 1966 (ICCPR)(ratified by Nigeria on the 29th day of July, 1993),the African Charter on Human and Peoples Rights 1981 (ACHPR) (ratified and domesticated in Nigeria on the 22nd day of July 1983), the Convention on the Rights of the Child (adopted by General Assembly Resolution 44/25 on 20th day of November, 1989 (ratified by Nigeria on the 19th day of April 1991), amongst others, to recognize, promote, preserve and enforce the inherent rights of people, and for the purpose of this essay, the rights of widows and daughters (women)to acquire and own immovable property anywhere in Nigeria and right to freedom from discrimination in inheriting their deceased husbands’ and fathers’ estate who died testate (with a Will) or intestate (without a Will) equally as the first surviving son does under the Benin Customary Law. The aforementioned rights are guaranteed and made enforceable under the International Human Rights Instruments, Regional Human Rights Instruments as cited above and Domestic Human Rights Instruments particularly, Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended),with intensive focus on sections 42(1) (a) & (b) and 43 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Preambles3(b), (d), Order XIII Rule 1 etc. of the Fundamental Rights (Enforcement Procedure) Rules, 2009 and Preamble, Articles 3(1) & (2), 14, 18(1) and 19 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, 1983, and these authorities have been given their judicial flavour by the Supreme Court to revolutionize and brought to life, the rights of women and daughters in particular to inherit their deceased father’s estate as their Constitutional Rights in Igbo land and other parts of Nigeria in the landmark case of Ukeje v Ukeje (2014) 11 NWLR (Pt 1418) 384 (SC); (2014) 234 LRCN 1 (SC). The problem here that evokes this long essay is as a result of the fact that, the Benin Customary Law of Inheritance to an extent may not be in favour of widows and daughters (women) to inherit their deceased father’s estate, particularly, the ‘igiogbe’ (the principal house of the deceased) pursuant to the rule in Benin patriarchal societies where only the eldest surviving son inherits his deceased father’s estate, ‘Igiogbe’ to the exclusion of other siblings which the Court of Appeal had given credence to in the cases of Ogiefo v Isesele 1 & Ors (2014) LPELR-22333 (CA); Eigbe & Anor v Eigbe & Ors(2013) LPELR-20292 (CA) among others and the Supreme Court of Nigeria had also given credence in a plethora of cases thus Idehen v Idehen (1991) 6 NWLR (Pt. 198) 382, Lawal Osula v Lawal Osula (1995) 9 NWLR (Pt 419) 259, among other decisions work hardship on these widows and daughters (women) whom over time, have been influenced by this mundane Customary Law Practice as a violation of their Fundamental Rights. However, there are instances where daughters can inherit under Benin Customary Law. It is against this background that this long essay seeks to critically examine this age-long customary law practice vis-à-vis the rights of widows and daughters (women) to inheritance without discrimination and to address the aforesaid problem with a doctrinal research method where Primary Sources of Law and the Secondary Sources of Law are explored. Therefore, in the end, this long essay suggests to strike a gender equality/equal dignity in respect to inheritance of a deceased Benin man’s estate and for the Supreme Court (with profound respect) to reverse its extant position in the cases of Idehen v Idehen (supra), Lawal Osula v Lawal Osula (supra) amongst others which is unconstitutional and subsequently, be applying Constitutional Test to any similar matters before the Courts like that of Ukeje v Ukeje (supra) among others.
