Court Okays Female Access to Inheritance in Akwa Ibom
As part of efforts to give a sense of belonging to the women especially in Akwa-Ibom State, the High Court presided by Justice Idiong nullified the practice which denies female children the right of inheritance to their father’s property.
The Court which ruled in favour of all female children of Etinan Local Government Area of Akwa Ibom recently maintained that such practice no longer be upheld in the state. While delivering a judgment in a suit brought before the court by eight children of the late Obong Patrick Joseph Noah of Edem Ekpat in Etinan Council Area, the suit they filed against their aunt, Mrs. Gertrude Ekanem to stop her from inheriting the landed property of her sister, the late Immaculata Noah, who died and left behind the property without a husband or a child.
The case with the suit number HET/3A/2019 between Mr. Michael Patrick Noah and seven others and Mrs. Gertrude Ekanem, originated from the Etinan District Court, whose judgment the appellants appealed to the Chief Magistrate Court and the High Court. In their evidence, the appellants contended that their aunt cannot inherit her sister’s property located at number 24 Iman Street, Etinan, because she is a woman and had also been married out of the family. In his judgment, Justice Pius Idiong described such practice as anachronistic, primitive and unconscionable, which should not exist in 21st Century society.
The court held that any custom that denies a woman an inheritance on the ground of her sex, is not only unfair, but runs contrary to the fundamental objective of the 1999 Constitution of the Federal Republic of Nigeria. The judge also disagreed with the Village Head of Edem Ekpat, Chief Emmanuel Okokon Eboh, who had testified as a witness that when a woman dies in Edem Ekpat without a child or husband, her property reverts to her family and not her sister, who has been married out to another family. Justice Idiong saluted the trial District Court in Etinan for refusing to uphold such offensive customs and the appellate Chief Magistrate Court, for upholding the decision of the lower court.
The higher court declared that the native laws, discriminating against women, whether married or not, are nullity and unenforceable throughout Etinan Local Government Area. Justice Idiong dismissed the appeal with cost awarded against the eight siblings, including two married sisters, who joined their brothers to deny their married aunt the right to inherit the landed property of her only sister.