As earlier reported by NBG Africa, Toluwanisings died in Ibadan on October 14. His family’s grief quickly turned into a public fight over the right to bury him. His father wanted him buried in the house he built. Otherwise, he wanted him laid beside the singer’s late mother in Ikirun, Osun State. His widow reportedly preferred a cemetery.
“I don’t want him buried in a church or cemetery. I want him buried in his house, and that will make me happy,” his father said in an interview.
On Sunday, November1, a close associate, Lanre Alewilese, said both sides had agreed on the house. As of Monday, the family had not announced a burial date. 
This emotional row has left many Nigerians asking a question most families avoid until it is too late. When someone dies, who has the right to bury them, the husband or wife, or the family they were born into?
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Is There a Law on the Right to Bury?
Surprisingly, no single Nigerian law answers it. Laws such as the National Health Act 2014 and Lagos State’s Public Health Law regulate how and where people handle and bury bodies. However, they don’t say who has the final word, according to a 2025 explainer by the Asabe Waziri Justice Advocacy Initiative (AWJAI), a legal rights group.
However, the law recognizes specific rules in regards to who has the right to decide on the burial of a deceased spouse or family member typically the next of Kin.
In practice, custom fills that gap. So the answer depends largely on where the person came from.
What Custom Says About the Right to Bury
Customs differ from one ethnic group to another, and even between communities. Here is the general picture.
- Yoruba: The surviving spouse and children usually have the main say, according to AWJAI. The deceased’s wishes may also count, especially if they wrote them down or stated them clearly.
- Igbo: Authority traditionally sits with the husband’s family, often led by the eldest son. A Harvard Human Rights Journal article notes that this has left many widows with little say over their husbands’ burials.
- Benin: The eldest male relative usually leads and chooses the burial place, with lineage in mind.
- Hausa and Muslim families: Islamic practice shapes the process. Burial usually happens within 24 hours, and close male relatives take charge with guidance from imams.
Because these rules vary, a widow from one culture married into another can find herself on the losing side. That is why so many burial fights end up as family meetings, petitions to elders or, sometimes, court cases.
Can You Legally Be Buried at Home?
This is the part many families don’t know. Section 246 of the Criminal Code Act makes it an offence to bury a corpse “in any house” or compound, or “within a hundred yards of any dwelling-house.” Only the president or the state governor can give consent for an exception. Anyone convicted faces up to six months in prison.
The rule exists mainly for public health, because graves near homes can contaminate wells and groundwater. Still, home burial remains common in parts of Yorubaland. A study of Ibadan published on the University of Ilorin’s repository found that most residents are unaware it is illegal.
Tradition explains why. For many Yoruba families, keeping a parent’s grave in the compound is a way of keeping them close. However, the custom traditionally applies to elders. Many believe families should not bury a young person at home.
How to Avoid a Burial Fight in Your Own Family
Nobody likes to discuss their own funeral. Even so, a few steps can spare your loved ones a painful quarrel.
- Write down your wishes. Put your burial wishes in your will, or in a signed letter kept with it. AWJAI recommends written burial directives as the clearest protection.
- Tell both sides. Make sure your spouse and your parents or siblings hear your wishes from you, not from a document after you’re gone.
- Choose your executor carefully. Pick someone both families trust to carry out your wishes.
- Know your custom. If you married across cultures, find out what each family expects before a crisis.
In the end, custom and family agreement shape the right to bury in Nigeria more than any single law does. So the kindest thing you can leave your family may be a clear answer, written down.
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