By Bamidele Kolawole

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A corpse is legally defined as the dead body of a human being. Worldwide, particularly in Africa, dead bodies, especially those of loved ones, are accorded enormous respect, especially in matters concerning their disposal. In some customs, dead bodies are disposed off through cremation—that is, burning the bodies until they are wholly reduced to ashes.

The death and burial of loved ones evoke profound emotional and cultural sentiments across the world, regardless of religious or cultural affiliations.

The methods of burial vary significantly across countries and cultures. In most developed countries, cremation—the process of reducing corpses to ashes—is the most prevalent practice for disposing of the remains of loved ones.

In Nigeria, burial practices differ among religious groups. Many Muslims bury their dead in designated cemeteries, although some choose to bury them within residential premises, particularly if the deceased owned the house. Similarly, Christians, globally, tend to bury their dead in cemeteries. However, within Nigeria, it is common for Christian clerics, especially prominent leaders referred to as “General Overseers” or “Founders,” to be buried in notable locations within church premises.

The contentious issue that arises from these diverse and sometimes indiscriminate burial practices is the legality of burying corpses in residential areas. Besides the health hazards and risks this practice entails, it is important to emphasize that such burials are explicitly illegal under Nigerian law.

For clarity, Section 246 of the Criminal Code Act, Cap 17, Laws of the Federation of Nigeria, 2004, states:

“Any person who without the consent of the President or the Governor buries or attempts to bury any corpse in any home, building or premises, yard, garden, compound or within one hundred yards of any dwelling house or any open space situate within a township is guilty of a misdemeanour, and is liable to imprisonment for six months.”

Furthermore, the 1999 Constitution of the Federal Republic of Nigeria (as amended) empowers both the Federal and State Governments to enact laws aimed at protecting public safety, health, morality and order. In line with this, most State Houses of Assembly in the South East, South West, and South-South regions of Nigeria have enacted laws criminalizing the burial of corpses in residential areas, prescribing penalties including jail terms.

The requirement for consent from the President or Governor before burying a corpse in a residential area ensures that adequate safety and precautionary measures are taken to protect the living. The health risks associated with burying corpses in residential spaces cannot be overstated. For example, if a borehole or well is located within a premises where a corpse is buried, fluids from the decomposed body can seep into the water supply, contaminating it and rendering it unsafe for consumption.

Public enlightenment on the dangers of burying corpses in residential areas is critical. Ignorance of the law is not an excuse. This practice is not only hazardous but also a violation of the law, punishable by up to six months of imprisonment.

It is essential to reiterate that, under Section 246 of the Criminal Code Act, burying a corpse in a residential area without the necessary authorization constitutes a misdemeanor, carrying a penalty of imprisonment. Despite this clear legal provision, the practice remains widespread, underscoring the urgent need for increased public awareness and enforcement of the law.

In Nigeria and most African societies, the connection between the living and their departed family members is profound. Many traditional beliefs are associated with deceased family members. For instance, the Egungun (masquerade) festival is entirely based on the Yoruba people’s belief that the dead only depart from the physical realm but continue to exist spiritually within the family home. This belief has contributed to the tradition of burying deceased family members at home.

However, health science has demonstrated that the public health risks associated with burying human corpses at home outweigh the cultural sentiments attached to this practice. Consequently, the burial of corpses in dwelling houses and residential areas has been criminalized under the Criminal Code Law of Ondo State, proscribed by the Public Health Law, and prohibited by the Burial Law of Ondo State.

According to these laws, anyone who buries or attempts to bury a corpse in any house, building, premises, yard, garden, compound, or within 100 yards of any dwelling house—or in any open space situated within a township—without the consent of the President or the Governor, is guilty of a misdemeanor and liable to imprisonment for six months.

Under the provisions of the Burial Law of Ondo State, 2006, all human corpses must be buried in designated areas known as cemeteries. Any individual who participates in or officiates at the burial of a corpse in a location other than a cemetery violates the law and is subject to the legal punishments prescribed by the applicable statutes.

Notwithstanding these prohibitions, the law allows for exceptions under specific circumstances. The Local Government Authority may grant permission to the bereaved to bury a corpse in a location other than a cemetery, provided that the burial is supervised to ensure it does not pose any danger to public health or the well-being of the community where the corpse is buried.

One of the primary reasons for outlawing the burial of human corpses in residential areas is to prevent the spread of communicable diseases within society. In some Nigerian states, the use of residential areas and dwelling houses as morgues has also been prohibited for similar public health concerns.

The death and eventual burial of loved ones all over the world usually attract deep emotional and cultural sentiments, regardless of religious or cultural leanings.

The modes of burying corpses are diverse and vary from country to country and even from culture to culture. In almost all developed countries, cremation—which is the burning of corpses into ashes—is the most common form of disposing of the remains of loved ones and family members.

In Nigeria, some Muslims bury their dead in designated cemeteries, while others bury them in dwelling houses, especially if the deceased owned a house. Christians, worldwide, normally bury their deceased in designated places called cemeteries, similar to their Muslim counterparts.

It should, however, be noted that Christian clerics, particularly those referred to as “General Overseers” or “Founders,” are often buried in prominent locations within church premises.

The vexed question arising from these various and indiscriminate forms of burial is: How lawful is the burial of corpses in dwelling homes and residential areas? It must be made abundantly clear that, besides the health hazards and dangers such burials pose, the law explicitly makes it illegal.

For clarity, the relevant provisions of the law, as explicitly enshrined in Section 246 of the Criminal Code Act, Cap 17, Laws of the Federation, 2004, are as follows:

“Any person who, without the consent of the President or the Governor, buries or attempts to bury any corpse in any home, building or premises, yard, garden, compound or within one hundred yards of any dwelling house or any open space situated within a township, is guilty of a misdemeanour, and is liable to imprisonment for six months.”

The 1999 Constitution of the Federal Republic of Nigeria (as amended) permits both the Federal and State Governments to enact laws for the defense, public safety, order, morality, and health of their citizens.

Indeed, almost all State Houses of Assembly in the South East, South West, and South-South regions of the country have enacted relevant laws making the burial of corpses in dwelling houses or residential areas a criminal act, punishable by imprisonment.

The extant laws at both Federal and State levels criminalize the act of burying a corpse in a dwelling house or residential area. Before anyone can bury a corpse at home or in a residential area, the consent of the President or Governor, as the case may be, is mandatory.

The requirement for such approval ensures that all safety and precautionary measures are taken to protect the lives of the living. It is important to highlight the health implications and dangers that burying corpses in residential buildings and public places poses to the well-being of those living nearby.

For instance, if a borehole or well is dug in a dwelling house where a corpse is buried, there is a high likelihood that fluids from the decomposed corpse may seep into the water supply, contaminating it and rendering it unfit for human consumption.

There is an urgent need to sensitize and enlighten the public about the dangers inherent in the unwholesome practice of burying corpses in dwelling houses and residential areas. Ignorance of the law is not an excuse. It is both illegal and unlawful to bury loved ones in dwelling houses and residential areas, and the penalty is six months’ imprisonment.

Across the federation, Section 246 of the Criminal Code Act unequivocally states that anyone who, without the consent of the President or the Governor, buries a corpse in a house, yard, garden, premises, or compound—or within one hundred yards of a dwelling house—has committed a misdemeanor and is liable to six months in jail.

This is the law, yet it is not being adequately observed.

Burying loved ones in residential areas, like backyards, is a sensitive matter requiring thoughtful consideration. Cultural, social, religious, financial, health, and environmental factors all influence decisions about burial locations. Ultimately, one of the most critical questions is: “Where should the deceased be laid to rest?”

The tradition of home burial—burying the dead on residential property—is deeply rooted in history. Once a burial occurs on such property, it officially becomes a “burial site.” Families choose home burial for various reasons, including cultural practices, religious beliefs, safeguarding contested properties, memorializing loved ones, and showcasing status or societal standing.

However, with rapid urbanization and population growth, public health concerns and limited space in cities have become significant issues. These developments demand a thoughtful reevaluation of the practice of home burials.

Burying the dead is a practice deeply rooted in cultural, religious and familial traditions. In many societies, the location of a loved one’s final resting place carries significant emotional and spiritual value. However, the practice of burying corpses in residential areas has raised legal, health, and environmental concerns in modern urban settings. This article examines the legal framework surrounding the burial of corpses in residential areas in Nigeria, with an emphasis on public health, safety, and societal implications.

The Legal Position

In Nigeria, the burial of corpses in residential areas is regulated by laws at both the federal and state levels. The Criminal Code Act, particularly Section 246, explicitly criminalizes the burial of corpses in dwelling houses, residential areas, and public spaces without appropriate authorization. The provision states:

 “Any person who without the consent of the President or the Governor buries or attempts to bury any corpse in any house, building, premises, yard, garden, compound, or within one hundred yards of any dwelling house or any open space situated within a township is guilty of a misdemeanor and is liable to imprisonment for six months.”

This law aims to protect public health, maintain urban planning standards and uphold environmental safety.

State-Level Provisions

Several states in Nigeria have enacted their own burial laws to reinforce federal provisions. For example:

Ondo State Burial Law, 2006: This law mandates that all human corpses must be buried in designated cemeteries. It criminalizes the burial of corpses in residential areas without the explicit approval of local government authorities.

Lagos State Environmental Laws: Lagos State prohibits indiscriminate burials within residential areas, citing public health and environmental risks. This regulation was introduced to curb the practice of burying corpses in improper locations that interfere with urban development and sanitation.

Reasons for the Prohibition

The prohibition of burying corpses in residential areas is based on several considerations:

Public health risks: Decomposing bodies can contaminate underground water sources such as wells and boreholes. Harmful pathogens from the body may spread, leading to waterborne diseases.

Environmental concerns: Burial sites in residential areas can hinder urban development and degrade the environment.

Urban Planning: With rapid population growth and industrialization, governments prioritize proper land use to accommodate housing, infrastructure and public facilities.

Legal clarity: To avoid disputes over land ownership and improper land use, governments prefer designated cemeteries for burials.

Exceptions to the rule

While burying corpses in residential areas is generally prohibited, exceptions exist:

Government approval: Consent from the President, Governor, or relevant local authorities can be obtained for burials in private residences under specific conditions. This ensures that health and safety measures are met.

Religious leaders and monarchs: Prominent individuals such as religious leaders, traditional rulers, or founders of institutions are sometimes granted special permission to be buried in significant locations, such as church premises or palaces.

Implications for Violations

Violating burial laws can lead to severe consequences, including:

Imprisonment for up to six months.

Financial penalties.

Exhumation of improperly buried corpses, often at the expense of the offending party.

Public Awareness and Advocacy

Ignorance of the law is not an excuse. Therefore, it is essential to educate the public on the dangers and legal implications of burying corpses in residential areas. The government must also provide adequate and affordable cemeteries to discourage illegal burials.

Conclusion

Burying corpses in residential areas is a deeply emotional and cultural issue but must be balanced against public health, environmental safety, and legal compliance. The law is clear: burials should occur in designated cemeteries unless special approval is granted. Adherence to these regulations ensures the well-being of the living while respecting the dignity of the dead.

Losing a loved one is a deeply painful experience, but the act of burying the dead can be even more challenging. In Africa, death is often treated as a “taboo” subject—avoided in conversations and planning. However, death is an unavoidable reality, and addressing it is essential. Since it is a certainty, it is wise to consider where one’s final resting place should be.

This article explores commonly avoided questions about death from an environmental perspective, such as: Where should loved ones be buried—in the backyard or cemeteries? What factors should guide the decision for a final resting place? These questions are crucial in burial planning.

A corpse is legally defined as the dead body of a human being. Worldwide, particularly in Africa, dead bodies, especially those of loved ones, are accorded enormous respect, especially in matters concerning their disposal. In some customs, dead bodies are disposed of through cremation—that is, burning the bodies until they are wholly reduced to ashes.

    The ashes are then collected and either stored or spread over a river or ocean, as the case may be. In Africa, particularly in Igboland, dead bodies are buried deep in the ground and covered with sand or soil. Even after burial, the graves of deceased loved ones are respected and often serve as a strong spiritual antenna for “communication” between the dead and their living relatives.

The Constitution of the Federal Republic of Nigeria, 1999 (As Amended) empowers both the Federal and State Governments to make laws that are reasonably justifiable in the interest of defence, public safety, public order, public morality, and public health. It is pursuant to public health interests that a law has been enacted, making it a crime to bury any dead body within a dwelling house, public yard, or open space in a township.

Section 246 of the Criminal Code Act, Cap. 77, Laws of the Federation of Nigeria, 2004, applicable in Imo State and indeed all the States of the South-East, South-West, and South-South regions of Nigeria, provides as follows:

“Any person who without the consent of the President or the Governor buries or attempts to bury any corpse in any house, building or premises, yard, garden, compound or within one hundred yards of any dwelling house or any open space situate within a township is guilty of a misdemeanour, and is liable to imprisonment for six months.”

Section 246 of the Criminal Code is one of the seven (7) sections contained in Chapter 23 of the Criminal Code Act, which addresses Offences Against Public Health.

This section prohibits any person from burying a human corpse in the specified places. The law explicitly states that it is illegal to bury a corpse in a house, building, premises, yard, compound, or garden. Furthermore, no corpse may be buried within one hundred yards of any dwelling house.

According to Section 2 of the Criminal Code:

“A dwelling house includes any building, structure, or part of a building or structure, which for the time being is kept by the owner or occupied for the residence of himself, his family, or his servants, or any of them. It is immaterial that it is from time to time unoccupied. A building or structure adjacent to or occupied with a dwelling house is deemed to be part of the dwelling house if there is communication between such building or structure and the dwelling house, either immediately or by means of a covered or enclosed passage leading from one to the other, but not otherwise.”

Additionally, it is a crime to bury a human corpse in any open space situated within a township. The only circumstance under which such a burial can be permitted is when the consent of the President or Governor has been obtained.

The rationale for requiring the consent of the Governor appears to be to allow the relevant health departments to assess the health implications of such a burial, taking into account factors such as population density. Additionally, the cause of death of the deceased may also be a factor considered in granting such consent.

If losing a loved one is a bitter pill to swallow, burying the dead is an even more harrowing experience. In Africa, death remains one of the “taboo” topics that many prefer to avoid or ignore in discussions or planning. People generally avoid talking about death. However, death is an inevitable reality that no one can escape, which is why we must address it. Since death is a certainty, it is only prudent to consider where one’s final resting place should be.

This piece delves into commonly avoided questions surrounding death from an environmental perspective. It asks: Where should the remains of loved ones be buried—in the backyard or cemeteries? What factors should influence the choice of a final resting place for the deceased? These are significant questions we must address when planning for burial.

Burial of loved ones in residential areas, such as backyards, is a sensitive topic that requires careful consideration. Cultural, social, religious, financial, health, and environmental factors all play a role in deciding where the deceased should be laid to rest. Ultimately, one of the most pressing questions after a person’s journey on earth is: “Where should their final resting place be?”

Home burial—the practice of burying the dead in residential areas—is an age-old tradition. Once a corpse is interred on a residential property, the property technically becomes a “burial site.” People bury loved ones at home for various reasons, including cultural beliefs, religious sentiments, and to prevent the illegal sale of contested land by unscrupulous relatives. In some cases, burial sites serve as social insurance, memorials, or symbols of class and status in society.

However, rapid population growth and industrialization have brought increased public health concerns and heightened competition for limited space, particularly in urban areas. These developments necessitate a critical reevaluation of the practice of home burials.