Toluwanisings: Legal Experts Speak On Issues Of Burying Loved Ones

The death of gospel singer Bayonle Olayemi, known as Toluwanisings, has brought conversations about who has the right to decide where their loved ones should be buried and what the law says about where corpses should be buried.

Legal Experts have weighed in on this and noted that permission is needed to bury loved ones in a residential area.

Recall that after the demise of the gospel singer on October 14 at the age of 34, the Internet has been awash with different personalities mourning and paying tributes to him. His burial was postponed due to a conflict over where he should be buried.

His father, Muniru Adekunle Olayemi, and family desired that Toluwanisings should be buried in the house he built in Ibadan, Oyo State, or at his late mother’s burial location, but his wife disagreed and preferred that her husband be buried in a cemetery, as it would be traumatic for her and the children.

Now, she seemed to have soft-pedalled after the night of Tributes and the service of songs, and the late husband’s family’s insistence that she yield to their terms.

Legal practitioner, Ebun Olu-Adegboruwa SAN, in an interview stated that burying a loved one in a house will require permission from the local government, as that is the only one where persons can be buried in his compound.

“Burying somebody in a residence is illegal in different states, but with permission from a local government authority, it is allowed,” says Adegboruwa. He noted that burying without a permit in a residence attracts the weight of the law.

Prof Abdulateef Adekunle Owoade from the University of Ilorin also corroborated this, saying, “I think most State Laws prohibit burying deceased at home, especially in Government Reserved Areas.”

The don of Islamic law and Islamic international law, who spoke on the right to bury the loved one, noted that there must be an agreement on the choice of burial because no one really has the right to the location except the man or woman has made it known before death.

“The Husband’s family and the spouse should be on the same page, and because the husband’s family may have the majority voice, it is best she persuade them to have her way. Though, if a Muslim, burial grounds remain the best resting place for Muslims because of the advantages.

Adegboruwa also agrees with the lecturer and states that the choice depends on the family, as no one can determine it outright except the deceased.

Men are also urged to prepare their will or a legal statement ahead of time in case of these eventualities