Matters arising on Lagos Cremation Law

Lagos State governor, Babatunde Fashola, recently signed into law a
bill legalizing cremation of corpses in the state. By that action, the
state became the first in the country to give legal backing to burial
outside the well known traditional burial procedures.
Although cremation is voluntary under the new law, the signing of
thelaw has been generating ripples in the state. While some of the
leaders and members of the two dominant religions in the country –
Christianity and Islam – are pontificating on the implication of
cremation for their faiths, traditionalists have described it as
abhorrent to Nigerian and Africanculture and tradition.
Some environmentalists and health conscious persons have also
expressed worries on the health hazards that cremation might pose.
The state government has, however, advanced reasons for its decision.
While giving his assent to the bill, Governor Fashola explained that
it is a fallout of the concept of globalization, which has taken a
firm root in the state. He said the law is to provide that choice for
those who prefer to cremate their dead, as is done in all other global
cities of the world. The new cremation law is a pointer to the
cosmopolitan nature ofLagos, which has citizens from all overthe world
among its residents.
It is a response to the yearnings of some foreigners who prefer
cremation, and it is also said to be cheaper than the cost of
acquiring burial places in cemeteries. The option may be adopted for
disposal ofabandoned and unclaimed corpses in mortuaries across the
state.
It involves the use of high-temperature burning, vaporization and
oxidation to reduce dead bodies to basic chemical compounds that have
the semblance of ashes or ground dry bones. Various sections of this
law provide for the regulation of cremation in Lagos State.
For instance, a person must signify interest to be cremated when he
dies, or a deceased family member who must be at least 18 years old
can decide to have the corpse cremated. The law also empowers the
state government to cremate the many unclaimed corpses in its
mortuaries and dispose of their ashes if the owners of the corpses
fail to collect it within two weeks, subject to the consent and
approval of the Commissioner of Health.
Beyond these, section 2 of the Act stipulates that no cremation may
takeplace except in a crematorium established by the Ministry of
Health or any other government agency approved by the Commissioner of
Health. Section 10 of the Act stipulatesprocedures that the cremator
in charge of the crematorium must adhere to in the disposal of the
ashes.Although cremation is strange to Nigerian culture, tradition and
religions, the decision of the Lagos authorities to legalise cremation
of corpses within the state is understandable. It is a mark of respect
for the many foreigners in thestate, especially, the Asians who bury
their dead through cremation. It is good that the law has clearly
stated the processes and conditions under which corpses may be
cremated. The challenge, now, is with the implementation of the law to
ensure that there is no abuse of its provisions. The terms of this law
mustbe strictly adhered to. There must be zero tolerance of abuse of
the legislation, especially with regard to the fact that all cremation
must take place in government crematoria.
The government must also take all necessary care not to offend the
sensibilities of the greater number of Lagos residents. It must be
particularly careful to address niggling issues on cremation of
unclaimed corpses, considering the fact that these dead persons, and
their families who may not know their whereabouts, would not have
chosen cremation if they had a choicein the matter. The aspect of the
law which empowers any family member of a dead person to approve a
cremation also deserves a second look. We suggest that only the
children of deceased persons should be accorded that right, except
where the deceased has no child, or when the children are either too
young or unavailable. Lagos authorities must be careful not to allow
the economicsof investment opportunities and the need to save the
space for burying the dead to impugn on the Nigerian culture of
according deceased loved ones utmost respect and decent burials.