Uke v. Iro

The Court of Appeal held that the Nnewi Customary Law that precluded a woman from giving evidence in land matters was unconstitutional because it discriminated against women. The respondent sued the appellant over a piece of land on Ikoponkwo, claiming that the appellant made an ingress into that land. The respondent claimed that he inherited it from his father who inherited from the respondent’s grandfather. The appellant argued that the respondent’s “Kingman,” who binds the respondent, gave the land to the appellant as a gift. The appellant argued that a woman cannot give evidence in relation to the title of the land. The court then rejected the appellant’s argument and held that under section 41(1) of the 1999 Nigerian Constitution, “any laws or custom that seek to relegate women to the status of a second-class citizen thus depriving them of their invaluable and constitutionally guaranteed rights are laws and customs fit for the garbage and consigned to history.” The court reasoned that because some of the laws and customs the appellant relied upon treated women as a “second-class” citizen, they must not be given credence. Under this holding, the court then decided to dismiss the appeal because it found no merit in the appellant’s arguments.