STATES AND FUNERAL CEREMONIES

States should hands off burial and funeral ceremonies, argues Pat Onukwuli

Attempting to legislate on funeral ceremonies is analogous to fitting the boundless essence of grief and remembrance into a rigid, one-size-fits-all legislative framework. Grieving hearts, like wildflowers in a meadow, require the freedom to bloom uniquely, unrestricted by the boundaries of legal statutes. Like nature’s elegy, funerals should flow freely and organically, guided by the innate rhythms of cultural traditions and individual expressions of grief.

In times of grief and loss, the rituals surrounding burial and funeral ceremonies play a crucial role in helping individuals navigate the complex emotions that accompany the departure of a loved one. This piece argues that states should maintain a hands-off approach to burial and funeral ceremonies.

The essence of laws lies in providing a structured framework for governing societies and regulating human behaviour. However, laws should respect personal autonomy and freedom. Autonomy, as we know, is the ability to make decisions and act according to one’s values and preferences without undue interference or coercion from others.

John Stuart Mill championed personal autonomy rights. Mill, the 19th-century English philosopher and political economist, emphasised the importance of individual freedom and autonomy in his essay “On Liberty” (1859). He argued that individuals should have the right to choose if they do not harm others. Section 37 of the 1999 Constitution of Nigeria concurs and protects individuals from unwarranted intrusions into their private lives, ensuring that citizens have a reasonable expectation of privacy and autonomy and making personal autonomy issues a fundamental human right.

The Anambra State Government, however, waded into this personal autonomy frontier by enacting the Burial and Funeral Ceremonial Control Law on April 9, 2019, signed by Governor Willie Obiano in May 2020. According to the Anambra State Government, the Law aims to reduce the financial and social burdens that bereaved families and communities face when conducting funerals for their loved ones by regulating the activities and expenses involved in burial ceremonies.

Some of the highlights of the Law were no erection of billboards, banners or posters, no directional posts within seven days before the burial date, and removals within seven days of the burial date. Corpses should not be in the mortuary or any other place for more than two months from the date of death. All Vigil Mass, Service of Songs, or Religious Activity for the Dead must end by 9:00 pm without food, drink, live band, or cultural entertainers. The Edict also frowned upon producing funeral brochures and wearing unique uniforms or asoebi except for family members, amongst other generic provisions. It criminalises infringement of its provisions with the punishment of a fine of One Hundred Thousand Naira, six months imprisonment, or both.

On the surface, this Law appears to be protective of the welfare of society because, over the years, there has been an upward spiral in the cost of funeral ceremonies based on elaborate activities and shows of affluence. People with limited resources have had to incur significant liability and debt in an effort “to meet up”. The proponents of the Law argue that it would help eliminate the show of wealth during funerals. They insist it will contribute to a better society by refocusing the youths on altruistic values rather than desperation for wealth that culminates in criminal tendencies.

Available records show that only Anambra State has these severe intendment directives in Nigeria. Nigeria’s over 250 ethnic groups have beliefs and practices regarding burials and funerals. Statutorily, however, the primary legislation governing burials and exhumations is the Public Health Act of 1917, inherited from the British Colonial Government and Section 246 of the Criminal Code Act, which is concerned with public health and safety issues of burials and has nothing to do with personal choices of how to remember or celebrate the departed. Thus, all other states have limited their involvement to public welfare concerns and did not delve into personal autonomy issues surrounding funerals.

The Anambra State Burial and Funeral Ceremonial Control Law is redundant and would likely fail constitutional review if examined. Enacting unnecessary laws affects society’s efficiency, personal liberties, and well-being. It overextends the legal system, creating enforcement, adjudication, and compliance inefficiencies. This legislation is unnecessary and wasteful. It diverts the state’s resources and attention from more pressing and essential issues that affect the common good. For example, the state should focus on improving the quality and accessibility of health care and education.

Anambra State should strive to be a melting pot of ideas because of its unique human capital. It should be open for people to express themselves and cease promoting socialist ideals. Dictating and codifying funeral amounts spent on funerals, irrespective of personal circumstances, are extreme. Akin to this is making regulations on the type and size of homes citizens should build or the type of private vehicles they are to buy. Indeed, this Law wrongly portrays Anambra State and its people as insular, intolerant and tethered.

The criminalisation of conducts concerning burial practices and celebration is abhorrent and antithetical to the norms of a free and democratic society. Indeed, there is also an economic angle as it brings about a loss of opportunities for those involved in the funeral and entertainment industries. Activating equitable tax regimes would give autonomous choices to people by creating economic incentives or disincentives on embarking on large funerals, thereby shaping behaviour in line with the government’s objectives.

Just for the records, the Anambra State Governor, Chukwuma Soludo, recently announced that his father’s burial would be done according to the dictates of this Law, insisting there would be no posters, billboards, brochures, asoebi, or souvenir items, and only food and drinks from Anambra would be available for service. People are waiting to see if the Governor will comply fully with the tenets.

Not long ago, Governor Soludo was in attendance when the former Governor of the State, Dr Chinwoke Mbadinuju, who died on April 11, 2023, was laid to rest in pomp and circumstance in an apparent breach of the Law. He was also present at the grand burial of the late Senator Annie Okonkwo. Therefore, the obiter question, then, is why the number one citizen of Anambra State would be at the scene where the State’s Law is in breach. Indeed, there have been burials of countless other Ndi Anambra without recourse to this Law, further questioning its usefulness and validity.

The state should not legislate on personal issues because it leads to a slippery slope, where the government gradually encroaches on aspects of citizens’ lives and sadly erodes the foundation of individual liberty. Therefore, repealing this Anambra Ceremonial Control Law 2020 is necessary to preserve personal freedoms and respect cultural diversity. It will foster a more respectful, inclusive, and culturally sensitive approach to funerals.

Just as the state cannot legislate the flight of birds or the dance of leaves, the sacred ritual of bidding farewell is a realm best left untouched by the heavy hand of the legislative decree. Nature embraces many seasons; funeral practices should be allowed to transition harmoniously, guided by the winds of tradition, the warmth of familial bonds, and the solemnity of individual beliefs. Refraining from legislating on funeral ceremonies should, therefore, be a recognition that the landscape of grief and farewell is a sacred mosaic, rich with diverse hues and textures.

Onukwuli, PhD, writes from Bolton, UK, patonukwuli2003@yahoo.co.uk