By Daniel Karlmax
Kaduna State Customary Court of Appeal has upheld the judgment of the Upper Customary Court in Sabon Tasha, directing the immediate exhumation and release of the remains of Mrs. Cecilia Peter Bakam for burial in accordance with cultural and religious rite.
This ruling concludes over 14 month-long legal battle among the deceased’s children regarding her final resting place, which had delayed her burial since her death in early 2024.
The eldest son, Mr. Emmanuel Sunday Bakam supported by Bajju community elders had approached the court seeking a traditional burial for his late mother.
However, his siblings—Hajiya Maryam Doka, Maureen Kabruk and Veronica Dudu George and Pascalina Bakam—argued that their mother had expressed a desire to be buried inside a room beside her late husband, insisting that her final wishes should override customary practices.
In separate rulings delivered in September 2024 at the Upper Customary Court, Justice. Danladi Douglas, ruled in Emmanuel’s favour and ordered the release of the body for traditional burial which the siblings appealed.
Delivering the final ruling on Tuesday, August 26, 2025, Justice Douglas reaffirmed his earlier decision, granting all the prayers of the applicants except Order One, where he declined prison terms, but directed that the appellants be remanded at the correctional center until they become sober and seek forgiveness for their actions.
He ordered the exhumation of the body, which had reportedly been buried inside the house in defiance of the court’s directive, and its immediate release to the eldest son, alongside elders in the family for burial in accordance with their tradition and religious belief.
The court also imposed a fine of ₦2.5 million on the respondents to cover the cost of exhumation and all burial-related expenses.
Justice Douglas emphasized the supremacy of customary law in burial disputes, stating that customary law takes precedence over personal burial wishes.
Reacting to the judgment, Lead Counsel for the applicants and judgment creditors, Barrister James Bala Ndam, welcomed the ruling, describing it as a reinforcement of cultural values and judicial consistency.
He clarified that the application before the court sought to penalize the appellants for violating two earlier court orders.
The applicant counsel commended the court for granting all reliefs except custodial punishment, noting that the fine imposed adequately addressed the offense within the context of a family dispute.
“We won this case at the trial court, and again at the Customary Court of Appeal. Despite a pending appeal at the Court of Appeal, the appellants took the law into their own hands,” he added.
Mr. Emmanuel Bakam, the eldest son and lead applicant, praised the judiciary for upholding justice.
“Truly, the judiciary is the last hope of the common man.”
He called on his siblings to embrace the judgment in the interest of peace and family unity, stressing that there is “no victor, no vanquished” in the matter.
Attempts by journalists to contact counsel to the appellants, Barrister Didam Emmanuel Avong, were unsuccessful as of the time of filing this report.
Daniel Karlmax
