AWKA, ANAMBRA STATE — The Anambra State Government has directed the Nigeria Police Force to investigate reported cases of women and girls being denied inheritance rights on the basis of their gender and forward relevant case files to the state Ministry of Justice for possible prosecution.
The directive was issued by the Attorney-General and Commissioner for Justice, Tobechukwu Nweke, SAN, in a letter addressed to the police and personally signed by him.
According to reports, the state government has received complaints of female children and women being prevented from inheriting property belonging to their parents or families because of customs and traditional practices.
Nweke said such practices remain unlawful, noting that previous decisions of the Supreme Court have rejected customary rules that discriminate against females in matters of inheritance.
The Attorney-General directed the police to thoroughly investigate reported cases of gender-based disinheritance and transmit the resulting case files to his office for further legal action.
The state Ministry of Justice has also designated its Sexual and Gender-Based Violence Unit to handle the prosecution of persons accused of gender-based disinheritance, alongside other domestic violence and sexual offences.
Nweke further stated that denying women and girls inheritance rights solely because of their gender constitutes an offence under Section 22 of the Violence Against Persons (Prohibition) Law, 2017 of Anambra State, with offenders potentially facing up to four years in prison upon conviction.
The latest directive builds on earlier judicial decisions concerning discriminatory inheritance practices. In Ukeje v. Ukeje, the Supreme Court held that a customary rule excluding a female child from inheriting her deceased father’s estate on the basis of gender was inconsistent with constitutional protections against discrimination.
The Supreme Court also addressed discriminatory inheritance practices in Anekwe v. Nweke, a case involving the attempted disinheritance of a widow because she had no male child. The court rejected the discriminatory custom.
The Anambra government’s latest action therefore places reported cases of gender-based disinheritance within the criminal justice process, with the police responsible for investigation and the Ministry of Justice to consider prosecution where the evidence establishes an offence.
Women and girls affected by such practices are expected to report cases to the appropriate authorities for investigation and legal action.
