A Lagos based lawyer Chukwudi Nneke Esq., has dragged the Anambra State Government to court seeking a declaration of some sections of the Anambra State burial law unconstitutional, null and void.

Mr. Nneke, a legal practitioner and human rights activist on 5th September, 2024 filed an originating summons in suit No. A/273/2024 against Anambra State Government wherein he urged the court to declare all the sections of the burial law that are inconsistent with the provisions of the constitution null and void to the existent of their inconsistency.

It is the contention of Mr. Nneke that some of the provisions of the said burial law violate freedom of religion of individuals. He went further to argue that many communities in Anambra State have customs and traditions that regulate their burial activities and these old aged customs and traditions are not repugnant to natural justice, equity and good conscience. He stated that enacting law by the House of Assembly to regulate the burial activities especially the ones that border on people’s religious beliefs is a clear violation of their fundamental rights to freedom of worship. He made references to cases where the courts had in the past held that denial of students the right to wear hijab as well as compelling corpers to wear trousers against their beliefs constitute violation of their rights to practice their religion. He then submitted that the burial law regulates the religious beliefs of both christians and traditionalists. He then urged the court to declare null and void all the offending sections to accord people the freedom to practice their religious beliefs as it pertains to burial activities in Anambra State.

Mr. Nneke contested further that it is not within the purview of the legislative function of Anambra State House of Assembly to regulate burial expenses for individuals. He strongly submitted that individuals are at liberty to decide how they spend their money when it comes to burial ceremony in Anambra State. In finality, he passionately urge the court to declare all the offending sections null, void and inoperative.