Anekwe v Nweke: The Supreme Court Case That Changed Female Inheritance in Nigeria

For generations, customary law in many Nigerian communities excluded women from inheriting land and property. Widows were treated as part of the estate itself — something to be inherited or managed by the deceased's male relatives — rather than as rightful heirs. The 2014 Supreme Court decision in Anekwe v Nweke helped dismantle that framework.

If you are a widow or daughter navigating an inheritance dispute where family members cite "custom" to deny your share, this case is your strongest legal authority.

What Happened in Anekwe v Nweke

The case involved a widow, Mrs. Nweke, whose husband died intestate — without a valid Will. Under the Awka customary law practiced in their Anambra State community, a widow had no right to inherit her deceased husband's property. The husband's relatives sought to take control of the matrimonial home and other assets, relying on this customary rule.

Mrs. Nweke challenged the dispossession, and the case eventually reached the Supreme Court of Nigeria.

What the Supreme Court Decided

The Supreme Court ruled that customary laws that disinherit widows are repugnant to natural justice, equity, and good conscience, and that they violate the constitutional guarantee against gender-based discrimination under Section 42(1) of the 1999 Constitution.

This decision built on the earlier Mojekwu v Mojekwu ruling, which struck down the Nnewi custom of oli-ekpe (male primogeniture) that barred female children from inheriting. Together, these cases established a clear legal principle: no customary rule can override constitutional rights to equality and freedom from discrimination based on sex.

Why This Case Matters for Estate Settlement Today

In practice, customary disinheritance of women remains widespread, particularly in rural Igbo and Benin communities where the eldest son (Okpala) is expected to inherit the bulk of the estate under primogeniture rules. Families often pressure widows and daughters to "accept tradition" without realizing — or caring — that the Supreme Court has already declared these practices unconstitutional.

Here is what the ruling means concretely:

• Widows cannot be evicted from the matrimonial home by in-laws citing customary law
• Daughters inherit equally with sons under statutory intestacy rules — customary exclusion is void
• Any family member citing custom to deny a woman's inheritance is relying on a rule the Supreme Court has struck down
• Courts at every level must apply the constitutional guarantee of equality over conflicting customary norms

How to Use This Ruling in an Inheritance Dispute

If you are facing pressure from extended family members who claim custom entitles them to the estate:

1. Document the claim in writing — have witnesses present when relatives assert customary authority, and note specifically what custom they are invoking
2. Cite the precedent — Anekwe v Nweke (2014) and Mojekwu v Mojekwu are binding Supreme Court decisions that every lower court must follow
3. Apply for Letters of Administration at the High Court Probate Registry — the court will distribute the estate according to statutory rules, not customary ones, once you have the grant
4. Engage the Administrator-General and Public Trustee (AGPT) in your state's Ministry of Justice — this office specifically handles estates where vulnerable heirs (widows, minors) face exploitation

State-level protections add another layer. Enugu State's Prohibition of Infringement of a Widow's and Widower's Fundamental Rights Law (2001) criminalizes degrading practices like forcing a widow to sleep beside her deceased husband or shaving her head. While the law has limitations — it does not explicitly guarantee the widow's right to determine burial arrangements — it reflects the legislative direction.

The Bigger Picture

The Anekwe v Nweke decision did not eliminate customary law from estate settlement. It established that customary rules must pass a constitutional test — any custom that discriminates based on gender fails that test and cannot be enforced.

For families settling an estate in Nigeria today, this means the starting point is statutory law, not custom. Under statutory intestacy rules, the surviving spouse receives one-third of the estate and the children share the remaining two-thirds equally, regardless of gender.

The Nigeria Estate Settlement Guide includes the complete statutory distribution framework, customary law protections, and step-by-step instructions for applying to the Probate Registry — everything you need to protect your legal rights during estate settlement.

Guide to Estate Settlement and Inheritance in Nigeria →