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Female inheritance of deceased father’s estate has been given further judicial blessing by the Imo State High Court sitting in Aboh Mbaise.
In a judgment recently delivered by Justice Ijeoma Agugua, the court declared that Mrs. Regina Ihemadu (Nee Nwimo) who is the only surviving child of her late father Imo Ebiringa of Amaokpu Umuopara Umuelagwa Onitcha Ezinihitte Mbaise L. G. A. of Imo State is entitled by law to exclusively inherit the estate of her late father.
In Suit No. HAM/13/2017 filed by Emperor N. Iwuala of counsel on behalf of the plaintiff, the court also, restrained the woman’s uncles, other relations and their agents from trespassing into the estate with a N7m damages for unlawful trespass.
In could be recalled that Mrs. Ihemadu who is now married in Umuosisi Obizi Community in the same Ezinihitte Mbaise Local Government Area brought this suit in the year 2017 against her uncle one Sunday Uwazie and against members of Ebiringa family of Amaokpu Umuopara Umuelagwa Onitcha in the above L. G. A. The gist of the story is that some years ago, the plaintiff’s only male brother Christian Nwimo, died without a survivor leaving only the plaintiff as the only surviving child of their father. Subsequently, the defendants started selling some parts of the plaintiff’s father’s estate without the consent of the plaintiff.
Reacting to the judgment, Barr Iwuala said that the judgment is very apt and flows from the constitutional right against discrimination on sex stating that the judgment is only a restatement of the earlier judgment of the Supreme Court in the celebrated Ukeje case.
With this, it is now clear that the age-long custom of disinheriting female children (both married and unmarried) from sharing in their father’s property and estate is now not only null and void, but unconstitutional.
