Appeal Court orders immediate burial of woman after 16-month family feud
By Austine Agbo Emmanuel, Kaduna
The Kaduna State Customary Court of Appeal has upheld the ruling of the upper Customary Court in Television, Sabon Tasha Kaduna, ordering the immediate release of the remains of Mrs. Cecilia Peter Bakam for burial.
The controversy arose following a disagreement among the deceased’s children over her final resting place, leading to a protracted family dispute that kept the corpse unburied for 16 months.
While the eldest son, Emmanuel Sunday Bakam, supported by Bajju elders, insisted on a traditional burial in accordance with cultural customs, his siblings: Hajiya Maryam Doka, Maureen Kabruk, Veronica Dudu Bakam, George Bakam, and Pascalina Bakam, claimed their mother had expressed a dying wish to be buried inside a room beside her late husband, a wish they said must be respected at all costs against any tradition.
In 2024, the Upper customary court led by Justice Danladi Douglas ruled in favor of Emmanuel, instructing the release of the body for burial. However, the decision was challenged by his siblings, who sought to overturn the ruling at the appellate court.
Delivering judgment on Thursday, Hon. Justice Yusuf Yakubu reaffirmed the authority of Bajju elders in burial matters, emphasizing that traditional rites must be observed against personal interest.
He ruled that customary law takes precedence over personal burial preferences, describing any further delay to give late Mrs. Bakam a dignified burial as unlawful and contrary to cultural traditions.
“The elders must be granted immediate access to the corpse so they can proceed with burial arrangements without further delay,” he ordered.
The case, widely regarded as a clash between tradition and personal wishes, has fueled debates on cultural preservation. Supporters of the traditional burial process argue that disregarding established customs could erode societal values.
Reacting to the ruling, Emmanuel Bakam welcomed the decision and urged his siblings to comply in the interest of family unity.
“There is no winner or loser. What matters is that our mother receives a dignified burial in line with our traditions,” he said.
His counsel, Barrister James Bala Ndam, commended the judgment, emphasizing the importance of upholding cultural values.
“This ruling reinforces the significance of tradition in guiding family and community life. While customs may evolve, those that promote unity and respect must be preserved,” he stated.
Meanwhile, counsel to the appellants, Didam Emmanuel, declined to comment when approached for a press interview after the ruling
