A state High court in Akwa Ibom has ordered Sampson Silas Udoh to pay two of his nieces, the sum of N20 million for his failure to release their inheritance to them.
Justice Ntong Ntong gave the order while delivering judgement in a suit filed by Mr Udoh seeking a declaration of his alleged rights.
However, the court in its decision held that Mr Udoh breached the fundamental rights of Mrs Bakabasi Victor James and Miss Ndantiabasi Isaac Silas by preventing them from their inheritance.
Background
On 16th August 2022, Mr Silas, an indigene of Itiam Etoi in Uyo Local Government Area, filed a lawsuit against his two nieces.
He sought court approval and declaration of his rights against his nieces.
The 1st, 2nd, and 3rd respondents include: Mrs Bakabasi Victor James and Miss Ndantiabasi Isaac Silas, as well as Mr Williams Ubetem, the Investigating Police Officer (IPO) from the State Police Headquarters, Ikot Akpan Abia.
The complainant approached the court to maintain his stand as the rightful beneficiary of the deceased properties, and police infringement of his right against his nieces.
The court paper reads, “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, while the respondents said their father built his own house on his own land between 1976 and 1980, which they live from birth till date without any problem, until they attempted to appropriate the inheritance and their uncle unleashed mayhem on them.”
He also accused the police of violating of his rights by denying him access to his late brothers property.
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Court`s decision
Justice Ntong described Sila’s action as “as obnoxious and repugnant to natural justice, equity and good conscience” stressing that “The maltreatment is opprobrium, offensive and unconstitutional.”
The judge held that “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.”
“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 judge held.
The court also held that the applicant’s right was not violated as he had implied but rather had violated the right of the two women while the police had not also infringed his rights.
“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.” The judge said.
Subsequently, the Judge directed that community leaders and chieftains in the state should look further into the inheritance rights of individuals in the state regardless of their gender.
He said equity and equality should be a major practice, and the female gender should be allowed to be entitled to their parent properties in the likelihood of their male counterpart.
Justice Ntong said “it’s high time paramount rulers, clan heads, village heads and community leaders in Akwa Ibom State came to terms with the facts that female children have equal stake with their male counterparts to inherit their parents properties.”
Consequently, the judge dismissed the application and suit in its entirety and held the judgment in favor of the respondents.
The court ordered the applicant to pay the sum of N20 Million to the 1st and 2nd defendants at N10.5 Million each.
“The application for the enforcement of the applicant’s fundamental rights has failed woefully in its entirety and dismissed same with cost of total sum of twenty million, one hundred thousand Naira payable to the 1st and 2nd respondents at ten million, fifty thousand Naira, each.” The judge declared.
