Authored By: Egho Ejiroghene Sharon
University of Benin, Benin-City
ABSTRACT
The Igbo ethnic group is a major ethnic group in South Eastern Nigeria. Its legal system comprises customary laws. The Igbo customary laws in relation to intestate succession rights of women are one of great controversy and concern. Widows and female children suffer gender-based discrimination. Although the 1999 Constitution of The Federal Republic of Nigeria outrightly prohibits discrimination, and a plethora of judicial precedents have held the practice void, these
measures have minimal societal implementation. In several communities, these practices govern succession despite their judicial nullity. This paper adopts the doctrinal research method to identify and examine the conflict between superior statutory provisions that guarantee equity, and customary laws that perpetuate inequity. It argues that these patriarchal customs have created a significant disparity between the inheritance rights of men and women and that mere judicial intervention has been insufficient to dismantle its practices. This paper proposes extra judicial mechanisms like gender equality sensitization initiatives and community education for a holistic implementation of the protection of women’s succession rights.
INTRODUCTION
After a person’s death, attention naturally shifts to the assets they left behind. Succession entails the transfer of ownership or possession of a deceased’s property to his heirs and beneficiaries1 Accordingly, in Nigeria, the succession rights of heirs are governed by three sources of law, comprising statutory law (including received English law), customary law and Islamic law2. Where the deceased leaves behind a valid Will, there is strict adherence to its provisions for the distribution of assets amongst beneficiaries3. However, in the absence of a valid Will, the deceased is deemed to have died intestate and the distribution of the estate is determined by the deceased’s personal law4. The provisions of the latter which usually is the customary law of the deceased, contains traditional beliefs and rules usually produce bias towards female heirs.
Upon intestacy, the lex situs, for instance, as upheld by the Court in Nezianya v Okagbue5, stated that a widow had no claim to her deceased husband’s estate and could only remain on the property upon the consent of his relatives subject to “good behaviour”. Customs of this nature are prima facie repugnant to natural justice, equity and good conscience. They also stand in conflict with S. 42 of The Constitution of The Federal Republic of Nigeria 19996 which prohibits discrimination on the basis of sex, this principle has been reinforced by the Supreme Court case of Ukeje v Ukeje7.
Thus, the objective of this paper is to examine the tension between constitutional provisions, judicial pronouncements and the prevalent Igbo customary practices that govern succession. It will dissect the issue of why these customs are still observed despite its constitutional invalidity and also propose mechanisms for the implementation of these judicial precedents.
THE LEGAL FRAMEWORK GOVERNING SUCCESSION IN NIGERIA
The legal framework governing succession in Nigeria involves a complex system of law, as it reflects the country’s pluralist legal system8. It draws provisions from three legal systems, which include statutory laws, customary norms/Islamic doctrines as well as common law9, together these sources of law regulate inheritance rights of heirs. However, inheritance disputes usually arise when these three distinct legal systems intersect, especially where the deceased dies intestate, causing conflict as to which provisions should be applied for the estate distribution. Accordingly, we shall delve into each legal system and its provisions that regulate succession.
The Constitution
The 1999 Constitution of the Federal Republic of Nigeria, is the supreme source of law in the land10, it guarantees the right of every citizen to acquire and own realty in Nigeria in Section 43 CFRN11. This provision signifies an unprejudiced claim for both males and females to acquire property. The Constitution further accentuates this position in S. 42(1), which prohibits discrimination on the basis of sex in the practical or express application of any law in force.
Statutory Law
In addition to the CFRN, the Marriage Act12 which is a received English law, is a statute that influences succession; it recognises spouses as equal partners in succession within a statutory marriage, and is in conformity with the constitutional prohibition of gender-based discrimination. This principle has been domesticated by the entire Mid-western and Western states in their respective Administration of Estate Law13.
For instance, S. 49 (5) of the Administration of Estates Law of Lagos State14 provides that where an intestate who is governed by Customary Law, marries under the provisions of the Marriage Act, any property of which the said intestate might have disposed by Will shall be distributed in accordance with the provisions of this Law, any customary law to the contrary notwithstanding.
This legislative framework marks a clear departure from the automatic application of Customary Law as the lex domilicii of the intestate and establishes a direct commitment to gender neutral inheritance rights. However, despite this framework, several communities continue to adhere to customary laws that foster discrimination, creating a persistent conflict with both legal systems.
iii. Customary Law
Judicial precedents such as Onyekwuluje v. Animashaun15 has described customary law as the personal law of the deceased intestate. Customary law refers to practices accepted as legal requirements or obligatory rules of conduct treated as if they were law16 . Nigeria’s cultural diversity comprises of approximately 371 ethnic groups17 with each adhering to its own distinct rules. Accordingly, because of this disparity in standards, some customary laws do not discriminate against the succession rights of female heirs, for instance in the Abriba and Nwangwa communities of Abia State, women have the same inheritance rights as men18. Whilst others entrench patrilineal devolution and exclude wives and daughters completely. This paper focuses on the latter, examining prominent customs laws in the Igbo ethnic group that effect prejudice against women.
Igbo Customary Law Provisions Governing Succession Rights of Female Heirs
It is apposite to state that the customs which govern succession are not singular in the Igbo ethnic group19. However, Igbo communities generally practice a patrilineal devolution of property and succession rights are administered by the principles of primogeniture20. This principle establishes that the eldest son, referred to as “Diokpa, Okpala or Diokpala” succeeds his father’s entire estate irrespective of his birth order, and acts as trustee holding the property for the benefit of his brothers21 The justification for this custom was the notion by community members that being that the daughter belonged to her husband’s family.
Similarly, the Igbo custom provides that the wife of the intestate whether she bore a child for him or not, has no right to inherit the deceased’s property22. The rationale behind this is that devolution of property under the customary law is patrilineal i.e., by blood, meaning the deceased’s brothers also have a right of inheritance. The intestate’s wife not being related by blood, she has no claim to any portion. This principle was upheld in the Supreme Court case of Nezianya v. Okagbue23, where it held that under the native law of Onitsha, a widow had the right to occupy her deceased husband’s property but possessed no right of ownership to it absolutely and such possessory right was subject to good behaviour 24.
However, there exists an exception to the aforementioned customs, which allows female heirs (daughters) to receive an inheritance. This is observed under the “Nrachi” or “Idigbe” doctrine25. Under this custom, the daughter of the intestate will remain unmarried and raise her children in her father’s house, she may occupy her father’s estate and acquire interest in it. However, upon her demise the interest would be transferred to her sons in compliance with the principle of primogeniture. If she has no sons, the inheritance rights would devolve to her brothers, emphasizing the patrilineal nature of the Igbo customary laws on succession.
The foregoing customs highlight a conflict between customary laws on succession and the constitutional prohibition of gender-based prejudice towards inheritance in Nigeria. This tension has resulted in a plethora of judicial rulings to hold the practice of excluding female heirs solely on the basis sex as void for being repugnant to natural justice, equity and good conscience and incompatible with the provisions of S.42 of the 1999 Constitution26, which is the fundamental law of the land and allows no derogation from its provisions.
JUDICIAL INTERVENTIONS ON GENDER DISCRIMINATORY SUCCESSION PRACTICES IN IGBO CUSTOMARY LAW
The Nigerian judiciary did not immediately condemn the exclusion of women from succession under Igbo customary law. For instance, in Ugboma v. Ibeneme27, the daughters of a deceased intestate from Azukwu in the Onitsha province of South-Eastern Nigeria had instituted action against their brother, claiming joint ownership to the intestate’s property. The court vehemently rejected this attestation and held that “female children are not entitled to inherit from their father’s estate in Igbo land”. It further held that the daughters lacked locus standi.
It is apparent that the ratio decidendi in Ugboma rests on the court’s appreciation of the primogeniture rule of succession as a binding custom, and its consideration that the custom passed the test of validity for customary law, specifically the Incompatibility Test, as there were no laws in force at that time prohibiting gender discrimination. Although, the primogeniture rule failed the Repugnancy Test for being inequitable and unjust, the absence of a constitutional provision limited the Court’s ability to nullify it.
Subsequently, there was a significant deviation from the decision in Ugboma following the inclusion of an explicit provision recognizing the fundamental right of citizens to not be discriminated on the basis of sex in the 1979 Constitution of Nigeria28. This provision allowed the judiciary to apply the Incompatibility Test and abrogate the discriminatory customs.
In Mojekwu v. Mojekwu29, the appellant, relied on the “Oli-Ekpe” custom to claim that he was entitled to inherit the property of his deceased intestate uncle, arguing that since the deceased had no surviving sons, the inheritance should devolve to him as the male heir. The Court of Appeal nullified the Oli-Ekpe custom for being repugnant to natural justice, equity and good conscience, and for being inconsistent with the constitutional fundamental rights protections against gender discrimination. The court famously stated:
We need not travel to Beijing to know that some of our customs, including the Nnewi “Oli-Ekpe” customs are not consistent with our civilized world in which we live today30.
From this foregoing decision, it is evident the court realized the necessity of balancing the succession rights of both male and female heirs in the Igbo communities. The custom was declared invalid for failing the Repugnancy Test and the Incompatibility Test, being inconsistent with constitutional provisions. This decision initiated a breakthrough in the succession rights of female heirs in the Igbo communities; however, the elation was ephemeral, as the Supreme Court disproved of this holding31.
Nonetheless, the decision in Mojekwu v Mojekwu 32 became a precedent for future judicial pronouncements by the Supreme Court abrogating the discriminatory practices. In Ukeje v. Ukeje33, the Supreme Court per Rhodes-Vivour J.S.C., held that:
No matter the circumstance of the birth of a female child, such a child is entitled to an inheritance from her late father’s estate… the Igbo customary law which disentitles a female child from partaking in the sharing of her deceased father’s estate is… is void as it conflicts with the Constitution34.
This decision is widely regarded as the definitive turning point towards the rejection of discrimination of female heirs.
Similarly, in Anaekwe v Nweke35, the Supreme Court denounced the Awka custom which provides, that a married woman with no male issue cannot inherit her husband’s property. Per Ogunbiyi J.S.C., it described the custom as: …punitive, uncivilized and only intended to protect the selfish perpetration of male dominance which is aimed at suppressing the right of women folk in the society36.
The judiciary has played a significant role in upholding justice37. It is laudable that the Courts ensured the provisions of both legal systems were unified and the inheritance rights of women protected. However, the efforts of the judiciary have not yielded substance in its practicability in Nigeria, as many Igbo communities continue to observe these customs, highlighting persistent gap between judicial declarations and societal implementation.
REASONS FOR SLOW IMPLEMENTATION OF JUDICIAL PRONOUNCEMENTS
Despite the judicial decisions nullifying the discriminatory customs against the succession rights of female heirs, there exist some Igbo communities, whose observance of these norms remains constant. This section examines the reasoning behind the non-implementation and resistance towards the judicial pronouncements.
The cultural entrenchment of patriarchal norms is one main factor for the continuous observance of discriminatory succession practices in Igbo communities. Over time, the Igbo society is patriarchal, with different authoritative positions occupied by men. Through long standing social conditioning, community members continually accept gender-based discriminatory practices as standard and obligatory, to the point that any variance by opposers is met with sanctions, including ostracism of female heirs who assert their succession rights.
Another ground for slow implementation is the weak enforcement of these judicial decisions. The inadequacy of enforcement agencies particularly the Nigerian Police Force, in ensuring perpetrators of these biased customs are penalized, creates an absence of deterrence: thereby allowing their persistence, as community members imply an encouragement of observing these practices.
Other prevalent reasons for the disregard of the judiciary’s decisions include low legal awareness. In Igbo communities, especially rural areas where these customs are heavily respected, there exists high ignorance of the law. Community members are often not knowledgeable that the Courts have upheld the succession rights of female heirs, thereby allowing continued breach of pronouncements.
Likewise, the socio-economic dependence of widows constitutes another reason for the incessant acceptance of the discriminatory customs. Widows are usually advised by relatives to accept the custom of remaining in her deceased husband’s house on the consent of his family38, owing to their financial inadequacy to assert her succession rights through legal procedure. This compels more discriminated widows to waive their succession rights.
Notwithstanding the lag in the implementation of court decisions in Igbo communities, there exist extrajudicial measures that can facilitate the practical recognition and acceptance of the succession rights of female heirs.
PROPOSED REFORMS FOR THE PRACTICAL RECOGNITION OF THE SUCCESSION RIGHTS OF FEMALE HEIRS
In this section, the author would recommend certain measures that can strengthen the courts’ acknowledgement of the succession rights of women within the Igbo ethnic group.
Legislative intervention is one of the foremost reforms that can ensure total implementation. While the judiciary has commendably played its part by recognising the need for the rights of female heirs to be protected, this is not sufficient to guarantee extensive compliance. Therefore, there is a need for an enactment of a statute, recognising this right and expressly nullifying the customary succession practices that are discriminatory solely on the basis of sex.
Another vital reform is the sensitization of communities particularly Igbo rural communities, where these practices are entrenched. Government agencies and NGOs interested in human rights advocacy such as the National Human Rights Commission (NHRC), Human Rights Watch and Women’s Rights Advancement and Protection Alternative, should actively engage in community education programs. Many violations of the law persist for ignorance and education would curb this defect.
The accessibility of free or affordable legal services to women whose inheritance rights have been violated. The high cost of litigation often discourages victims to seek redress, thereby allowing continuous violation of their inheritance rights. Organisations that offer pro bono legal services in Nigeria, such as the Legal Defence and Assistance Project and Public Interest Law Partnership, should be operative and encouraged to provide legal representation to affected women.
Furthermore, the use of mass media is another powerful tool for the implementation of women’s inheritance rights. Government agencies civil society organisations and private individuals, can utilize television, newspaper, radio and social media in disseminating information the current legal position. We live in an increasing digital society, even most remote areas have access to technology and increased awareness would ensure more people assert their rights and challenge discriminatory customs.
CONCLUSION
As we have seen, the Igbo customary law on succession is generally patriarchal and excludes women as successors on the basis of gender. This custom conflicts with the constitutionally guaranteed right of freedom against discrimination of citizens on the basis of sex. Although the courts have recognised and reinstated the succession rights of women and explicitly abrogated these discriminatory customs. There still remains the question of expansive implementation of the judiciary’s efforts. This paper has recommended reforms such as, community education and unification of conflicting constitutional and customary provisions by the legislature that can assist in the widespread safeguarding of this right, with hope that one day, women’s socio-economic right of inheritance will be protected and recognised in Igbo communities. The right to freedom against discrimination on the basis of sex, remains a universally recognised and constitutionally protected fundamental right. Consequently, any customary practice that excludes women from inheritance on the basis of sex is void and should at no time be tolerated.
REFERENCE(S):
1‘Succession’, Black’s Law Dictionary (9th Edition, 2009)
2 Andrew Imiefoh, ‘The Future of Inheritance Laws in Nigeria: Potential Reforms and their Expected Impact on the Society’ [2025] NIU 11(1): 128
3 Lawal Osula v. Lawal Osula [1995] NGSC 21
4 A. Anthony and R. Olayinka, ‘Pluralistic Nature of Laws and Succession Matters in South-Western Nigeria’ [2025] OAULJ 5 (2): 262-87. https://oaulj.oauife.edu.ng/index.php/oaulj/article/view/22 accessed 15 December 2025
5 Nezianya v Okagbue [1963] 1 All NLR 352 SC
61999 (as amended)
7 Ukeje v Ukeje [2017] 2 NWLR (Pt. 1418) p.408
8 Kenneth Bawo Atsenuwa, ‘A Critique of Discriminatory Inheritance Practices and Widowhood Rights Under Itsekiri Customary Law in South-South Nigeria’ [2021] 2 ACARELAR 1
9 A. Imiefoh and F. Dimowo, ‘The Future of Inheritance Laws in Nigeria: Potential Reforms and their Expected Impact on the Society’ [2025] 11(1) NIU Journal of Legal Studies <https://www.kampalajournals.ac.ug/ojs/index.php/NIUJLS/article/view/2144> accessed 12 December 2025
10 Constitution of The Federal Republic of Nigeria 1999 (as amended), s1
11 Constitution of The Federal Republic of Nigeria 1999 (as amended)
12 Marriage Act CAP M6, Laws of the Federation 2004
13‘Outline of Succession Rights’ (CJ Okoye Law Review) <https://cjokoyelawview.com/law-421-land-law-i/topic 21-outline-of-succession-rights> accessed 10 December 2025
14 Administration of Estates Law of Lagos State Cap. 3, Laws of Lagos State 1994, s. 49(5) 15 Onyekwuluje v. Animashaun [2019] 4 NWLR (Pt. 1662) 242 SC, P. 259, paras. A-B
16‘Customary law’, Black’s Law Dictionary (9th Edition, 2009)
17 Segun Dukeh, ‘How Many Tribes are There in Nigeria?’ (The Guardian) <How Many Tribes Are There in Nigeria? | The Guardian Nigeria News – Nigeria and World News> accessed 11 December 2025
18 D. Eyongndi and others, ‘Realising Female Inheritance Rights in South Eastern Nigeria: The Imperativeness of Going Beyond Legal Rhetoric’ (2024) 22 TAHRJ p. e7972 <https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/7972> accessed 10 December 2025
19 Chioma Obiajuru ‘The Implications of Customary Law on The Rights of Female Heirs in Succession Cases in Nigeria’ (SSRN) accessed 10 December 2025 <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5610991>
20 Mary Winifred Gloria Eche, ‘Articles Right of Inheritance of Igbo Women within the Context of Igwebuike Philosophy’ (2021) 2(1) Nnadiebube Journal of Social Sciences <https://nnadiebubejss.org/index.php/njss/article/view/31> accessed 9 December 2025
21 Anyebe Peter Ademu, ‘The Rule of Primogeniture Under Igbo Customary Law: A Violation of Women’s International Human Rights Norms’ (2023) 3(1) Achievers University Law Journal 139, 143 <https://aulawjournal.com/the-rule-of-primogeniture-under-igbo-customary-law-a-violation-of-womens international-human-rights-norms/> accessed 10 December 2025
22 Ibid. 143
23 Nezianya v Okagbue, (1963) LLJR-SC https://www.lawglobalhub.com/julie-nezianya-and-anor-vs-anthony okagbue-and-2-others-1963-lljr-sc/ 13 December 2025
24 Obiajuru (n 19) 11
25 Ibid 7
26 CFRN 1999, s. 42
27 Ugboma v. Ibeneme (1967) FNLR 251
28 CFRN 1979, s. 17(a)
29 Mojekwu v. Mojekwu [1997] 7 NWLR (Pt. 512) 283 CA
30 Ibid. per Tobi JCA, 305, paras. B-C
31Mojekwu v. Iwuchukwu [2004] 11 NWLR (Pt. 883) 196, per Mohammed 220-221, paras. G-A
32 Mojekwu (n 29)
33 Ukeje v. Ukeje [2014] 11 NWLR (Pt. 1418) 384 SC
34 Ibid 408, paras. C-E
35 [2014] All FWLR (Pt 739) 1154
36 Ibid (2014) LPELR – 22697 (SC)
37 Ogu Sunday Chwkwuma, ‘The Judiciary and Presidential Democracy in Nigeria: A Synthetic Analysis’ (2023) 16(2) AJAPAS 735, 741
38 Nezianya v Okagbue [1963] 1 All NLR 352 SC
