Lagos-based lawyer and human rights activist Chukwudi Nneke Esq. has filed an originating summons in the High Court of Anambra State, challenging the constitutionality of the state’s Burial/Funeral Ceremonial Control Law of 2019.
The lawsuit, filed against the Anambra State Government, seeks to have several sections of the law declared null and void.
In the suit (No. A/273/2024), Nneke argues that provisions in Sections 5, 6, 11, 13, 14, 16, 17, 18, 19, 21, 22, 23, 27 and 28 of the burial law violate individuals’ freedom of religion guaranteed under Section 38 of Nigeria’s 1999 Constitution. He contends that many communities in Anambra State have long-standing customs and traditions regulating burial activities that are not repugnant to natural justice, equity, and good conscience.
Nneke submits that by enacting the law, especially provisions bordering on people’s religious beliefs, the Anambra State House of Assembly overstepped its legislative powers and infringed on fundamental rights. He cites previous court rulings that denying students the right to wear hijabs and compelling National Youth Service Corps members to wear trousers against their beliefs constitute a violation of their religious freedoms.
The lawsuit further challenges the Assembly’s authority to regulate burial expenses for private individuals, arguing that people should have the liberty to decide how to spend their money on burial ceremonies. Nneke is urging the court to declare the disputed sections of the law unconstitutional and restrain law enforcement agents from enforcing them.
The Anambra State Government, represented by the Attorney General, and the Anambra State House of Assembly have 42 days to enter an appearance and respond to the summons. The court is expected to determine whether the Assembly acted beyond its constitutional powers and if the burial law violates religious and individual freedoms.