By Amos Tauna, Kaduna
The judgment of the Customary Court, Kaduna on Thursday affirmed on appeal at the Customary Court of Appeal, Kaduna, that the corpse of late Cecilia Oeter Bakam be released for burial. This decision is seen as a resolution to the clash between tradition and the debasement of values that left the body of Mrs. Cecilia Peter Bakam unburied since October 2023.
The Customary Court of Appeal, Kaduna, headed by Justice Luka Gwaza Maza, Justice Linda Amina Yaroson and Justice Dorcas Tabitha Atung also ordered that arrangement should be made by the elders as approved by the customs of the Bajju people, saying, “the burial of late Mrs. Cecilia Peter Bakam should be done immediately.”
The case, with the suit number CCA/KAD/KD/60A/2024, had the applicants listed as Hajiya Maryam Doka, Mureen Kabruk, Veronica Dudu Bakam, George Bakam, and Pascalina Bakam, while the respondents were Emmanuel Bakam Peter and Samaila Bakam.
The suit number CCA/KAD/KD/60A/2024, had the applicants listed as Hajiya Maryam Doka, Mureen Kabruk, Veronica Dudu Bakam, George Bakam, and Pascalina Bakam
According to reports, an Upper Customary Court, Sabon Tasha, Kaduna, had earlier ordered the immediate release of the corpse of the late Mrs. Cecilia Peter Bakam, who died in October 2023 and could not be buried due to a family dispute over her burial site.
The presiding judge, Danladi Douglas, had delivered a judgment in Kaduna on Thursday, October 3, 2024, explaining that the corpse of Cecilia Bakam should be immediately released to the elders. He stressed that the applicants are bound by the tradition and custom of the Bajju people regarding where the deceased should be buried.
The defendant was able to prove, in accordance with the tradition and custom of the Bajju people, that it is the elders who have the strongest say about the place and manner of the burial of the deceased
Judge Douglas noted that the defendant was able to prove, in accordance with the tradition and custom of the Bajju people, that it is the elders who have the strongest say about the place and manner of the burial of the deceased. He added that even if the deceased had a dying wish, the elders still have the final say regarding where the corpse should be buried.
The judge said, “The elders should be given immediate access to the corpse so that they can make arrangements and prepare for the burial.” He observed that both parties are bound by the custom and tradition of the Bajju people, pointing out that they are all Bajju.
That both parties are bound by the custom and tradition of the Bajju people, pointing out that they are all Bajju
Judge Douglas noted that holding the corpse of Cecilia Bakam for a long period is unlawful and contrary to the customs and traditions of the Bajju people.
Reacting to the judgment, Emmanuel Peter Bakam hailed the decision passed by the Customary Court of Appeal, Kaduna, describing the judiciary as the last hope of the common man.
