Within the absence of a will, a once-close household might disintegrate and descend right into a violent and bitter battle over late mother and father’ property. Siblings at daggers drawn turns what ought to have been a grieving course of right into a grotesque battle for inheritance, with bloodshed marking the bitter battle, writes GODFREY GEORGE
“Whereas our father’s physique was nonetheless within the mortuary, my youthful brother began promoting off all his lands,” recounted Jonah Justice, because the viewers regarded on in astonishment.
“Earlier than we might grasp what was taking place, some folks had come to take over the household home as a result of, in response to them, he had offered it.”
Justice, 29, was a visitor at a convention for firstborns organised by a non-governmental organisation, Voices of Peaceable Switch of Property, which champions the necessity for will-writing amongst younger adults.
As a younger lawyer, Justice discovered himself thrust into maturity prematurely after his father handed away when he was simply 22.
His youthful brother, then solely 19, grew to become a supply of misery and battle in what he had hoped can be a clean transition of their father’s property.
With solely the 2 of them left within the household, Jonah had anticipated that managing their father’s property can be a cooperative and peaceable course of. As an alternative, he was met with stiff opposition, betrayal and turmoil.
Their mom, Eunice, a retired nursing officer with the Plateau State Ministry of Well being, was engulfed in grief and struggling to deal with the lack of her husband.
But, amid her mourning, she confronted the agonising actuality of watching her late husband’s possessions being taken over by unfamiliar faces.
Her son had offered the property whereas they had been preoccupied with the burial preparations, thus, including to the crushing weight of her sorrow.
“Since my husband died in 2018 and my son started promoting off his property, I’ve not seen him,” she mentioned, her voice trembling with ache.
“It’s been a harrowing ordeal, watching my house and my husband’s legacy dissolve earlier than my eyes.”
Eunice recalled a very brutal incident when her eldest son, Jonah, confronted his youthful brother.
In response, the youthful son employed thugs to assault Jonah.
“When you look intently at his head, you’ll see a deep machete scar. He got here perilously near dropping his life,” she added, tears welling in her eyes.
Eunice expressed her bewilderment at her son’s drastic change, lamenting, “My husband and I raised him with love and taught him the methods of God,” she lamented.
“He was a brilliant pupil, who had simply been admitted to review Biology Training on the Federal College, Lafia, Nasarawa State. We had been nonetheless based mostly in Abuja and had not but relocated to Lagos. But, in some way, he reworked into somebody utterly unrecognisable.”
Eunice’s anguish was palpable as she mirrored on the shattered desires and fractured household bonds that emerged from a interval of profound loss.
Her son, in response to her, left house in 2018, leaving her to battle the folks he had offered the property to.
Eunice added that his actions left an indelible mark on their lives, turning a time of mourning right into a relentless cycle of betrayal and despair.
“Every time I keep in mind my husband’s reminiscence, it’s tainted by the ideas and pictures of my two sons battling over his property. That’s so unfair,” the 71-year-old girl mentioned.
Niger man kills brother over property
Jonah’s expertise would possibly pale into insignificance when comparable circumstances that was a massacre are cited.
In March 2024, in what might be described as a tragic flip of occasions in Niger State, a person, Abubakar Sani, was accused of fatally attacking his elder brother, Kabiru, over a property dispute.
The brothers, who hail from the Tafa Native Authorities Space, however reside in Gawu Babangida, a group within the Gurara Native Authorities Space, had been identified to have shared a really shut bond.
Nonetheless, a heated argument over the possession of a property on Sunday escalated into violence, resulting in a heartbreaking tragedy.
In accordance with witnesses, the confrontation reached a violent crescendo when Abubakar, in a second of unrestrained fury, struck Kabiru with a big stick.
The assault, the height of long-standing tensions and threats that Abubakar had reportedly directed at his household, resulted in a grievous damage.
Kabiru, 34, was left unconscious by the blow and was rushed to the Federal Medical Centre in Gawu. He was pronounced lifeless on arrival by medical personnel.
The incident, which despatched shockwaves by means of the group, left family members grappling with the loss and a devastating rift which may by no means be mended.
When Sunday PUNCH reached out for remark, the State Police Spokesman, Wasiu Abiodun, confirmed the arrest of Abubakar Sani, aged 30, noting that the investigation was nonetheless ongoing.
29-year-old crushed to loss of life over property
Tuesday, April 13, 2021, stays a day 24-year-old Chinaza Azuatalam will perpetually keep in mind with a heavy coronary heart.
It was on at the present time that her 29-year-old husband, Chinonso, a hardworking welder, misplaced his life beneath probably the most tragic and violent circumstances.
He had begun the day like some other, having fun with a meal along with his spouse and two daughters, Munachi and Amara, aged three and one, respectively.
Unaware that the day would finish in probably the most horrifying manner, he set off for his workshop in Okuku, Owerri West LGA of Imo State.
Minutes after arriving at his workshop, Chinonso obtained a misery name.
His sister, Chioma, a serving policewoman, was allegedly attacking his pregnant spouse and inflicting chaos in his home.
The welder, alarmed and decided to guard his household, rushed house.
What he discovered upon arrival was utter chaos. Villagers had been making an attempt to intervene as Chioma, crammed with fury, was bodily assaulting a closely pregnant Chinaza.
In a determined bid to resolve the state of affairs, Chinonso started to protest towards his sister’s actions.
Nonetheless, Chioma, leveraging her place and connections, known as on three of their siblings to affix her.
Recalling what transpired from her hospital mattress, Chinaza, in a strained voice laced with anguish recounted the grim particulars of the confrontation.
In accordance with her, when Chioma’s brothers—Chibuzor, and twins, Meshach and Shedrack—arrived on the scene, the state of affairs grew to become lethal.
She famous that the siblings viciously attacked Chinonso and struck him with a big stick, inflicting him to break down.
Chibuzor, who all of the whereas wielded a machete, delivered a deep reduce to Chinonso’s brow.
Regardless of the villagers’ efforts to help, Chinonso misplaced consciousness and was pronounced lifeless earlier than reaching the hospital in Umuguma.
Heartbroken and nonetheless reeling from the fact of her loss, Chinaza mentioned, “I married Chinonso in 2017. He was the breadwinner of our household and the daddy of our two daughters. I’m seven months pregnant, and the ache of dropping him, particularly in such a violent method, feels insufferable. It looks like my world has come to a halt.”
Chinaza revealed that her husband had been entangled in ongoing disputes along with his siblings over inheritance points.
She alleged that the household’s property had been being contested and Chinonso felt unjustly disadvantaged as the primary son.
This discord, she believes, in the end led to his tragic loss of life.
“My husband’s maternal uncles had suggested him to let his youthful brother proceed utilizing their late father’s store and to just accept a much less beneficial share of the inheritance. My husband refused to compromise, and this battle escalated into violence,” she added.
Chinaza claimed she confronted derogatory remarks from her mother-in-law and was mocked for not bearing a male little one.
She lamented, “They wished to eliminate my husband and succeeded. My sister-in-law had at all times threatened, boasting that nothing would occur to her even when she harmed us.”
Chinaza’s plea for justice is determined, and she or he tearfully says, “I need my husband again. I’m a housewife, and he offered for us. Now, I don’t know the way I’ll assist our kids or look after the newborn I’m anticipating. I would like the federal government’s assist. I need justice for my husband and assist for my youngsters.”
The grief-stricken widow has additionally rejected the thought of staying along with her late husband’s household, fearing for her security.
The deceased’s uncle, Amadi Azuatalam, echoed the household’s turmoil, revealing that the property dispute had been a supply of strife.
“The household has been suffering from hassle for the reason that loss of life of my brother in 2019. It’s deeply painful to see this violence escalate to such an excessive,” he mentioned.
A group chief, Martin Daniel, expressed sorrow over the incident and reassured that the group was dedicated to working with authorities to revive order.
“The state of affairs is regrettable. We’re collaborating with the police to make sure no additional breakdown of regulation and order,” he acknowledged.
In the meantime, the state police spokesman, Orlando Ikeokwu, mentioned two suspects, together with the policewoman, had been arrested.
Daughters kill father over property
In February 2021, two sisters in Enugu had been sentenced to loss of life by the Excessive Court docket in Asaba for orchestrating the brutal homicide of their mother and father in a bid to take over property.
The case, which captivated public consideration, highlighted the depths of greed and familial betrayal.
In accordance with reviews, their motive was pushed by a want to grab management of the household’s wealth and stay a lifetime of luxurious, which they felt was unjustly denied them.
In one other surprising revelation the identical yr from the Chanchaga space of Minna, Niger State, Abubakar Buba, 25, confessed to the grotesque homicide of his father, Mohammed Buba, aged 52.
The younger man’s motive was chillingly simple—he sought to inherit his father’s property and paid N100,000 to Aliyu Muhammed, 26, to kill him.
The homicide of Mohammed, many mentioned, is a stark reminder of how familial bonds might be shattered by avarice and the pursuit of wealth.
The necessity for wills
Talking on the necessity for wills, a senior lawyer, Mrs Titilola Akinlawon, throughout a public lecture on the St. Agnes Catholic Church, Maryland, Lagos, and Catholic Attorneys Affiliation, mentioned loss of life is inevitable and that steps must be taken to make sure that a will is penned down
Talking on the title, ‘Talking From the Grave’, she queried, “What then occurs to all of the property we have now laboured tirelessly to accumulate through the years? Who inherits the mentioned property? Wouldn’t it be your partner and youngsters, as is principally the need of most individuals? Or would it not be your different shut kinfolk e.g, your siblings, that will take all of your property to the detriment of the one that you love partner and your treasured youngsters? And even worse nonetheless, would it not be the distant kinfolk who didn’t “encourage or help you in any manner” whilst you had been labouring to accumulate these property?”
Talking additional, she mentioned, “You’ll be able to resolve to talk from the grave as to who inherits your hard-earned property and who takes care of the one that you love youngsters. You simply would possibly be capable to management what occurs after you, by talking from the grave.”
Why it can be crucial
The SAN famous that it was most essential to talk from the grave to make tendencies of 1’s property to take impact on or after loss of life.
“The testator has the freedom to eliminate his property in the best way he likes and nobody can modify his will.
“Within the case of Igboidu Vs Igboidu 1999 1 NWLR (Pt 585) 27, the Court docket of Enchantment held {that a} testator’s needs should prevail.
“A will must be allowed to talk in the best way made and should not be modified by anybody or Court docket to go well with an imaginary intention of the testator
“It is usually essential to talk from the grave in order to allow the deceased to nominate executors or different individuals who he believes are competent to handle his property.
“Talking from the grave would additionally allow the deceased to nominate a guardian(s) for his youngsters who’re minors.
“This may additionally allow the deceased to nominate a dependable individual to train all of the powers of the deceased.
“The deceased would be capable to revoke or alter the best way he needs his property or youngsters to be handled,” she mentioned.
Understanding wills and their authorized framework
A will is an important authorized doc that specifies how an individual’s property must be distributed after their loss of life.
In accordance with Osborn’s Concise Regulation Dictionary, a will is a “disposition by which the individual making it supplies for the distribution or administration of his property after his loss of life.”
It’s revocable, that means the testator (individual making the need) can change or cancel the need at any time earlier than their loss of life.
A will may also be described as a declaration made in compliance with statutory formalities, outlining how the testator needs their affairs dealt with upon or after their loss of life.
Basically, a will is a proper expression of intent relating to the distribution of property and is barely efficient upon the testator’s loss of life. Till then, it stays a declaration of intention and is topic to vary or revocation.
Traditionally, the idea of wills in England will be traced again to the interval following the Norman Conquest of 1066.
Throughout this time, people had been granted the ability to eliminate their property by means of wills.
When Nigeria was a British colony, it adopted many English authorized rules, together with these associated to wills.
The combination of English regulation into Nigerian authorized observe started with numerous ordinances, beginning with Ordinance No. 3 of 1863.
In accordance with Part 32 of the Interpretation Act 1964, Nigerian regulation included English Widespread Regulation, doctrines of Fairness, and statutes of normal utility that had been in pressure in England as of January 1, 1900.
This included the Wills Act of 1837, which governs the distribution of estates in Nigeria.
In Nigeria, a number of statutes regulate the creation and administration of wills. The Wills Act of 1837 applies to the northern and a few japanese states, whereas the Wills Modification Act of 1852 extends to elements of the western states.
The Wills Legal guidelines of the Western Area 1958 cowl the previous Western Area, together with Edo and Delta States.
The Wills Regulation Cap W2 of Lagos State 2004 governs Lagos State, and the Armed Forces Act No. 105 of 1993 addresses the wills of army personnel.
Moreover, the Excessive Court docket of Lagos State (Civil Process) Guidelines (2004) present procedural pointers.
One other authorized practitioner, Mr Kelechi Uzoma, famous {that a} will has two elementary traits.
“First, it’s ambulatory, that means it solely takes impact upon the loss of life of the testator. Property disposed of earlier than loss of life can’t be affected by the need, although property acquired after the need’s creation will be included in its phrases.
“Second, a will is at all times revocable, that means the testator can alter or revoke it at any time earlier than loss of life, offered they comply with the suitable authorized procedures,” he mentioned.
Usually, Uzoma famous, anybody could make a will, however there are particular exceptions. Infants or youngsters can’t make a sound will, as they’re deemed to lack the capability to enter into contracts.
“Nonetheless, minors in army service might be able to make a privileged will. Individuals of unsound thoughts additionally can’t create a sound will. The testator should possess a sound thoughts and reminiscence to grasp the character of the act.
A will made throughout a lucid second earlier than turning into mentally incapacitated stays legitimate, and there’s a presumption of sanity on the time of the need’s creation.
“Blind or illiterate people could make a sound will, however further care should be taken to make sure that the need is executed accurately.
“For illiterate individuals, the need should be learn and defined to them in a language they perceive earlier than they affix their thumb impression within the presence of witnesses. For blind people, the execution of the need should be dealt with fastidiously to stop fraud.
“A will can also be invalid whether it is made beneath fraud or coercion,” he mentioned.
Traditionally, in response to a number of reviews, married girls have restricted testamentary capability beneath Part 8 of the Wills Act of 1837.
Nonetheless, this has been modified by subsequent statutes, such because the Married Girls Property Act 1882 and the Married Girls Property Act 1893.
These statutes, together with trendy legal guidelines just like the Wills Regulation of 1958 and Lagos State’s Wills Regulation, have eliminated restrictions on the testamentary capability of married girls.
Privileged wills are exceptions to the usual necessities for capability and kind.
The Armed Forces Act Cap (A20), as an example, permits army personnel to make legitimate wills with much less formality.
Equally, sure provisions within the Wills Regulation relevant in Lagos, Ogun, Oyo, Osun, Ondo, Ekiti, Edo, and Delta States allow troopers and sailors to make wills beneath much less stringent necessities.
Dying and not using a will
When an individual dies and not using a will, often known as dying intestate, the senior lawyer, Akinlawon, famous that the distribution of their property depend upon their marital standing and relevant legal guidelines.
“Underneath statutory regulation, such because the Administration of Estates Regulation in Lagos, the property is distributed based mostly on particular guidelines.
“For example, if a deceased individual leaves a partner and youngsters, the partner receives private chattels and a portion of the true property, with the rest going to the kids. If there are not any youngsters, the partner receives a bigger share of the property.
“In distinction, customary regulation governs the distribution of estates in accordance with native traditions. For instance, beneath Yoruba customary regulation, the property sometimes passes to the male kinfolk of the deceased.
“In Benin customary regulation, the eldest son inherits the deceased’s property, whereas the spouse could also be left with nothing. In Igbo land, the eldest son inherits the property, with different kinfolk appearing as trustees if there are not any youngsters.
“For these married beneath customary regulation, the distribution of the property typically favours male kinfolk, and the widow might not inherit any property.
“In Northern Nigeria, indigenous native legal guidelines and Islamic regulation affect the distribution of the property. Underneath Islamic regulation, the property ought to primarily assist these whom the deceased was obliged to assist throughout their lifetime,” she mentioned.
Why Nigerians are reluctant to put in writing wills
A professor of sociology on the College of Port Harcourt, River State, Ikechukwu Ifeanacho, mentioned the reluctance of many Nigerians to draft a will earlier than their loss of life is influenced by a fancy interaction of sociological and psychological components that replicate deep-seated cultural values and private fears.
“Culturally, discussing loss of life or planning for it’s typically thought of taboo in Nigeria. The widespread perception that talking about loss of life would possibly invite misfortune or hasten one’s demise deters many from addressing their mortality by means of authorized means like writing a will.
“This notion of tempting destiny contributes considerably to the avoidance of will-making. Moreover, non secular beliefs play a pivotal function. In some deeply non secular communities, there’s a view that getting ready a will alerts a scarcity of religion in divine provision. Many imagine that entrusting their household’s well-being to God is ample and that planning for inheritance would possibly undermine their belief in divine care,” he mentioned.
A senior lecturer on the Division of Political Science, College of Nigeria, Nsukka, Enugu, Dr Ugwueze Ikechukwu, famous that household dynamics in Nigeria additional complicate the difficulty of will writing.
He mentioned, “Nigerian society is characterised by prolonged household networks the place property and wealth are sometimes shared amongst a broad household circle.
“This communal strategy could make people hesitant to formalise their needs by means of a will, as it could disrupt current household concord or expectations.
“In conventional patriarchal societies, male heads of households can also keep away from making a will to retain management over household property till their loss of life. They may imagine that making a will might undermine their authority or result in battle amongst potential heirs, thus sustaining the established order,” he mentioned.
He additionally famous that the shortage of authorized consciousness is one other important barrier.
The lecturer additional mentioned psychologically, the worry of confronting mortality performs an important function.
One other senior lecturer, Division of Psychology, UNN, Enugu, Dr Johnbosco Chukwuorji, famous that many people battle with accepting their very own loss of life, and making a will forces them to confront the uncomfortable actuality.
He mentioned, “This denial or avoidance of loss of life typically leads to procrastination or outright avoidance of will preparation. Emotional misery and worry of inflicting household battle additionally contribute to the reluctance.
“The method of writing a will would possibly result in disputes amongst members of the family, particularly if the distribution of property is seen as unfair.”
He added that the perceived futility of making a will may also be an element.
Some people, in response to him, might view writing a will as pointless, believing that their loss of life is a distant concern.
“This sense of urgency to deal with the matter later typically results in procrastination,” he added.