Abstract:
The denial of females or widows’ right to inheritance of real property on the intestacy of a
father or a husband in Imo state has been a matter of debates and litigations. Notwithstanding
the Supreme Court decision in Ukeje v. Ukeje (2014) and also the 1999 Constitution of
Nigeria prohibiting discrimination, female disinheritance of real property has persisted.
Existing studies were limited to the explanation of the discrimination, but none dealt with the
ways of enforcing the Supreme Court judgment in Ukeje v. Ukeje. This study, was therefore,
designed to study the mode of implementation of the Supreme Court judgment in Ukeje v.
Ukeje on inheritance of real property in Owerri West Local Government of Imo State, Nigeria.
Rhode’s Crisis in Masculinity and Feminist Critical theories were conceptual framework,
while the ethnographic design was adopted. Respondents were purposively drawn from five
communities across Owerri West Local Government of Imo state namely, Ohii, Amakohia-
Ubi, Irete, Ihiagwa and Ndegwu out of 16 communities as they all share the same cultures.
Qualitative methodology was adopted for data collection. Twenty-four respondents were
selected. In-depth interviews were conducted with 3 traditional rulers, one each from Ohii,
Ndegwu and Amakohia-Ubi. Key informant interviews were conducted with 11 community
leaders: Ndegwu (2), Ohii (6) and Amakohia-Ubi (3). One Focus Group Discussion was also
conducted with ten family heads. Data were content-analysed.
Ignorance, lack of awareness among the females, and the dominance of male ego in Owerri
West Local Government made compliance with the Supreme Court judgment in Ukeje v.
Ukeje difficult. Removing discrimination against females in the inheritance of real property
was perceived by the males as an imposition of foreign culture on them. The decision in Ukeje
v. Ukeje was perceived a threat to masculine superior status and as a way of giving women
advantage over men. The males were also worried that the females would permanently
dispossess family members of the intestate if the decision is enforced in the communities.
Men also perceived the decision in Ukeje v. Ukeje as a means of weaponising the Nigerian
Constitution to impose the customs of the Yoruba and the Hausa on Igbo people. However,
traditional rulers and community leaders observed that persuasion was required to make the
people comply with the judgment.
Despite the decision in Ukeje v. Ukeje, there is still a strong cultural resistance to its
enforcement. In making executive restatement of the case law, there is a need to involve
traditional rulers and Chairmen of town unions in the enforcement process. The ministries of
Information and Women Affairs should enlighten people on the inheritance rights of women
while also enlisting the support of religious institutions.
