The Right to Inheritance – What You Should Know

Virtually every family in Nigeria owns some inheritance as everyone is born by someone. The Right To Inheritance is therefore not uncommon across families.

To protect this common right, therefore, Nigeria’s 1999 constitution (As Amended) is clear about its provisions and protection.

Some persons have however continued to violate the rights of others in this regard, as enshrined in the Violence Against Persons Prohibition (VAPP) Act of 2015.

If your right to inheritance is violated, what can you do ?

According to section 42 of the 1999 Constitution (As Amended), “every citizen has the right to inherit property regardless of gender, religion or cultural background “ and should therefore not be discriminated against based on these grounds.

Sadly, however, cultural or religious and customary practices have been cited as a defense to deny people their rights to inheritance.

This is true especially for women and fatherless children

Section 19 of the VAPP Act thus states: “ This section prohibits any harmful traditional practices that negatively affect the health, wellbeing or dignity of individuals.

“ Such practices include but are not limited to harmful widowhood practices and similar harmful cultural or religious practices.

“ A person found guilty of engaging in, promoting or aiding harmful traditional practices under this section may be liable to a term of imprisonment not exceeding four (4) years or fine not exceeding N500,000 or both “.

Any act therefore, that deprives a person of their inheritance either by force, intimidation or outright denial, is punishable by law.

A Court of Arbitration reserves the right to issue an order for imprisonment, a fine in lieu or both, as the case may be, as well as to order the return of the unlawfully acquired property to its rightful owner(s).

C- Advocate therefore calls on those whose rights to inheritance have been violated to speak out and report to the Nigeria Police, other relevant agencies of government and to seek redress in court.

Such persons can approach the National Human Rights Commission (NHRC), other human rights organizations or call the toll free line of the Centre for Social Awareness, Advocacy and Ethics (CSAAE) displayed on the flier below, for assistance. Justice will eventually be served in the matter.

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