Court upholds female inheritance right, awards N20m cost against uncle

The Akwa Ibom State High Court sitting in Uyo has upheld the right of females to inherit their father’s property.

The court also awarded N20m in favour of two nieces of one Mr Sampson Silas Udoh who denied them of their right to their father’s property.

In his judgment, Justice Ntong Ntong ordered Udoh, an indigene of Itiam Etoi in Uyo LGA to pay his nieces N20m for breaching their fundamental right and stopping them from inheriting their late father’s property.

The suit which was filed on August 16, 2022, had Mrs Bakabasi Victor James and Miss Ndantiabasi Isaac Silas as respondents, while Mr Williams Ubetem served as the Investigating Police Officer (IPO).

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Justice Ntong described the action of the applicant as “obnoxious and repugnant to natural justice, equity and good conscience”, adding that “the maltreatment was opprobrium, offensive and unconstitutional.

“The main contention of the applicant is that his nieces being female children of his late elder brother, Mr Isaac Silas Udoh, should not inherit their father’s property because they are women.

“The respondents said their father built his own house on his own land between 1976 and 1980, which they lived from birth till date without any problem, until they attempted to appropriate the inheritance and their uncle unleashed mayhem on them.”

The judge explained that it was high time paramount rulers, clan heads, village heads and community leaders in Akwa Ibom State came to terms with the fact that, “Female children have equal stake with their male counterparts to inherit their parents property.

“The first and second respondents acquired their father’s property at Isaac Silas Udo Obot’s compound, Nung Udoetok Ibom Adia Abasi of Itiam Etoi, Uyo, a fact contained in exhibits canvassed in their counter affidavit in the minutes of the peace meeting and property sharing agreement of Udoetok Ibom Adia Abasi family, dated 11th January, 2019.

“The applicant cannot be allowed to take advantage of the vulnerability of his nieces just because they were born girls and women into their family.

“From the totality of credible evidence before the court, the police and other respondents did not and are not likely to encroach or infringe upon the rights of the applicant. Instead it was the applicant that infringed upon the fundamental rights of his nieces, with impunity, which cannot be allowed to stand.’’