Appeal Court orders release of woman’s corpse for burial after 16 months
By Austine Agbo Emmanuel, Kaduna
http://www.newsportng.com.ng The Kaduna State Customary Court of Appeal has upheld the judgment of the Upper Customary Court in Television, Sabon Tasha, directing the immediate release of the remains of Mrs. Cecilia Peter Bakam for burial.
The prolonged legal battle stemmed from a dispute among the deceased’s children over her final resting place, which resulted in a 16-month delay in her burial.
While her eldest son, Emmanuel Sunday Bakam, backed by Bajju elders, advocated for a traditional burial in accordance with cultural practices, his siblings—Hajiya Maryam Doka, Maureen Kabruk, Veronica Dudu Bakam, George Bakam, and Pascalina Bakam—insisted that their mother had expressed a wish to be buried inside a room beside her late husband. They argued that her last wishes should take precedence over traditional customs.
In 2024, the Upper Customary Court, presided over by Justice Danladi Douglas, ruled in favor of Emmanuel, mandating the release of the body for burial. Dissatisfied with the decision, his siblings approached the appellate court in an attempt to overturn the ruling.
Delivering judgment on Thursday, Justice Yusuf Yakubu reaffirmed the role of Bajju elders in burial matters, stressing that cultural traditions must be upheld over individual preferences.
He ruled that customary law takes precedence over personal burial wishes, stating that any further delay in laying Mrs. Bakam to rest would be unlawful and contrary to tradition.
“The elders must be granted immediate access to the corpse so they can proceed with burial arrangements without further delay,” he ruled.
The case has reignited discussions on the balance between cultural traditions and personal wishes, with proponents of the ruling emphasizing the importance of preserving customs.
Reacting to the judgment, Emmanuel Bakam welcomed the decision and urged his siblings to accept it for the sake of family unity.
“There is no victor or vanquished. What matters is that our mother receives a dignified burial in accordance with our traditions,” he said.
His counsel, Barrister James Bala Ndam, described the ruling as a reinforcement of cultural values, stating that while traditions may evolve, those that promote unity and respect should be maintained.
“This judgment underscores the significance of tradition in guiding family and community life,” he remarked.
Meanwhile, counsel to the appellants, Didam Emmanuel, declined to comment on the ruling.
Family Dispute: Appeal Court orders release of woman’s corpse for burial after 16 months
