Lawyers, CSO’s Call For Activation, Greater Sensitisation On Female Inheritance Law in Rivers

Lawyers and civil society organizations have called for more activation of the Rivers State Female Inheritance Law passed last year to enable women claim their entitlements from family estates.
Respondents who spoke to National Point on the activation and implementation of the law said many women were yet to take advantage of the law and were losing their lawful entitlements and inheritance in their fathers’ estates.
They said government and civil society organizations need to elevate sensitization campaigns to reach more women especially in poor neighbourhoods and rural communities to tell them about the law and their rights under it.
Rivers State last year enacted the female inheritance law after so many years of the law being in the process of law making. The former governor of the state, Chief Nyesom Wike, has been roundly commended by women groups and CSOs devoted to the protection of the rights of women for assenting to that law.
Prof Bunmi Akaarka, a former Dean of the Faculty of Law of Rivers State University, Port Harcourt, noted that awareness about the law was growing and said more and more enforcement of the law would be made as more people get aware of it and the tools it equips them with to enforce it.
Mrs. Lillian Okonkwo-Ogabu, the Vice-President of the Nigerian Association of Women Journalists (NAWOJ), doubts the full activation of the law.
She said, “I don’t think it’s activated. Women need sensitization. Those who the law is for don’t know how to use it to gain their husbands or fathers’ inheritance. They are not aware so a lot needs to be done to sensitize women on this law.”
For Mina Igah, a legal practitioner, the rights of women to inherit their fathers’ properties had been established in the landmark case of Mojekwu v. Mojekwu which was decided by the Supreme Court. The law to affirm women’s right of inheritance in their father’s house was also establish in Okojie v.Okojie in 2004.
She said the judgment in that case established that women can inherit their fathers’ property in spite of whatever the customary law might say because customary laws that deny women their rights in family property were unlawful.
“As it is now, any law that forbids women from inheritance is repugnant to equity, good conscience, and natural Justice,” Igah said. She added that for the law to take effect, women concerned should not sleep on their rights or refuse to press their claims.
The legal practitioner admitted that there was a lot of awareness about the law as more and more women were using the instruments of the Federation of Women Lawyers (FIDA), the Office of the Public Defender in the Ministry of Justice and the family court in the state to pursue their claims.
However, Mr. Abraham Ikiri, a legal practitioner, said it would be difficult to enforce the law because it conflicts with the customary laws of many societies.
He said, “When married, you’re married away from the family and no longer have share. Though in some places when a man has no son but has daughter tradition allows her to deliver at home for the family and answer to her late father’s name.”
Ikiri said the female child’s claim is always successful when the father has a lot of assets. “But if it’s a general family asset they won’t allow such child to inherit. But if for a particular family, such child is allowed inheritance.
“So, when you pass such a law that after being married with share in your husband’s home plus your father’s, it’s a contradiction.
“Though, people are keeping quiet, ask them. When they’re alone, they’ll tell you the truth that that law will not stand,” he said.
Asked to explain further, the lawyer said the family elders that will implement it will find it difficult to do so. He gave an example of a prominent family (of a former commissioner of police in the old Eastern Region) in Rivers State whose first son and daughter have been at daggers drawn for many years over their late father’s property.
Mr. Ikiri said the position of customary law in not sharing property to women would not change despite the role daughters play in their father’s homes.
“When daughters share in responsibilities, it is believed money was used in training them, So, that money has not being reciprocated. So, to me, nobody should talk about it except you want to cause a problem.
Asked if he would extend the same treatment to his daughters, Mr. Ikiri said, “To me, I prefer giving them gifts. My sons would benefit from my estates. But I will buy assets and gift my daughters.”
He classified the law as one being foisted on Africans by the White man. “Why didn’t we agree, to same sex marriage?”he asked.