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By Madu Obi
A Lagos-based lawyer and human rights activist, Chukwudi Nneke has filed an originating summons in an Anambra State High Court, challenging the constitutionality of the state's Burial/Funeral Ceremonial Control Law of 2019.
The suit, filed against the Anambra State government, seeks to have several sections of the law declared null and void, citing violations of individuals' freedom of religion and fundamental rights.
In the suit (No. A/273/2024), Nneke argued that provisions in Sections 5, 6, 11, 13, 14, 16, 17, 18, 19, 21, 22, 23, 27, and 28 of the burial law infringe on individuals' freedom of religion guaranteed under Section 38 of Nigeria's 1999 Constitution.
According to him, 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 argued 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 challenged the state legislature'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.
He urged the court to declare the disputed sections of the law unconstitutional and restrain law enforcement agents from enforcing them.
The Anambra State government and the Anambra State House of Assembly represented by the Attorney General, have a few days to enter an appearance and respond to the summons.
Some human rights groups have also expressed support for Nneke's challenge to the burial law, citing concerns about constitutional violations and individual freedoms.
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