KEY POINTS
• Anambra Attorney General Tobechukwu Nweke says denying women or girls property inheritance because of their gender is an offence under state law.
• Offenders risk up to four years in prison, with police directed to investigate reported cases and forward case files for prosecution.
• The state has designated its Sexual and Gender Based Violence Unit to prosecute offenders under the law.
MAIN STORY
The Anambra Government has directed the police to investigate and prosecute cases in which women or girls are denied property inheritance because of their gender, warning that offenders could face up to four years in prison.
The State Attorney General and Commissioner for Justice, Tobechukwu Nweke, SAN, gave the directive in a letter to the Nigeria Police made available to newsmen in Awka.
Nweke said gender based disinheritance constitutes an offence under Section 22 of the Violence Against Persons (Prohibition) Law, 2017 of Anambra State.
He instructed the police to conduct thorough investigations into reported cases and forward the resulting case files to his ministry for prosecution.
The Attorney General said the directive was necessary because discriminatory inheritance practices continued despite Supreme Court decisions that have invalidated customs excluding women from inheriting property on the basis of gender.
The Supreme Court has previously ruled against customary practices that deny women inheritance rights. In Anekwe v. Nweke, the court rejected an Awka custom that prevented a widow without a male child from inheriting her late husband’s property, while in Ukeje v. Ukeje, it held that a customary rule excluding female children from their father’s estate violated the constitutional protection against discrimination.
Nweke said the state would use its Sexual and Gender Based Violence Unit to handle prosecution under the law, alongside cases involving other forms of domestic violence and sexual offences.
He urged the police to ensure that complaints involving gender based disinheritance were properly investigated and processed for legal action.
THE ISSUES
- The directive places gender based denial of inheritance within the scope of criminal enforcement under Anambra’s Violence Against Persons (Prohibition) Law, rather than treating such disputes solely as family or customary matters.
- The state’s position reinforces existing Supreme Court decisions that have rejected customary rules excluding women from property inheritance on the basis of sex.
- Effective enforcement will depend on complaints being properly investigated and case files being prepared and transmitted for prosecution, as directed by the Attorney General.
WHAT’S BEING SAID
“In light of the foregoing, you are kindly requested to ensure that your office thoroughly investigates all reported cases of gender-based disinheritance and that the case files are transmitted to this ministry for further action,” — Tobechukwu Nweke, Anambra Attorney General and Commissioner for Justice.
WHAT’S NEXT
The Nigeria Police in Anambra is expected to investigate reported cases of gender based disinheritance and transmit relevant case files to the Attorney General’s office.
The state’s Sexual and Gender Based Violence Unit will handle prosecution of offenders under the applicable law.
BOTTOM LINE
Anambra is treating gender based disinheritance as a prosecutable offence, with the state Attorney General directing the police to investigate complaints and pursue cases against those who deny women or girls inheritance rights because of their gender.
