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THE CORONER'S PLACE (TCP)...

Nationwide State Research by Access to Justice of Coroner Laws Report that Coroner Laws are Existing, but are Practically Dead Letter Laws

In The North East, Coroner Laws Are Like Relics, Even As Religion And Culture May Pose Challenges to Enforcement

Research in the North-East States of Kano, Kaduna and Katsina show that Coroner laws, as they exist in those states, are based on the old Northern Region of Nigeria laws, more specifically, the Coroners Law CAP. 27, Laws of Northern Nigeria, 1963, which make these States' laws broadly identical. There is no separate Coroner's Law in force in Katsina State except as provided under the aforesaid Northern Region of Nigerian Laws.

The Laws empower Magistrates to hold inquests, and obligate them to do so when informed that there is the body of a deceased person within the jurisdiction in cases where there is suspicion that the death came about violently, unnaturally, or suddenly. Section 8 of the law provides that the inquest can only be carried out if the body of the dead person is found within the area of jurisdiction of the Coroner and it does not matter if the death had occurred elsewhere. The Coroner may recommend the inquest to hold at the primary place where death occurred. Section 11(1) further provides that, whenever the body of any dead person is found or a person has died in such circumstances as to make the holding of an inquest necessary or desirable, the person finding the body shall inform the nearest Native Authority or Administrative Officer or Police Officer who shall notify a coroner with jurisdiction to hold an inquest.

Access to Justice Researcher in these States, Peter Ochemme reports a remarkable spirit of openness among relevant State authorities in examining how coroner legislation objectives might be re-pursued and how reform can strengthen the achievement of those objectives. Consequently, in Kaduna State, a steering committee has been set up at the instance of the Kaduna State Attorney-General and the State Chief Judge to work towards invigorating and re-enforcing the existing Coroner law, while taking account of the challenges which enforcement will encounter. Members of this Committee include the State Deputy Director of Public Prosecutions, Mallam Ibrahim Sanusi, Access to Justice Researcher Agbo Peter Ocheme, two State Counsel, Mr. Auta Maisamari and Mr. Mustapher Yusuf, Deputy Registrar, Kaduna Customary Court of Appeal, Mr. Luka Maza, Senior Registrar, Sharia Court of Appeal Mr. Sani Ibrahim Bello – Kaduna and Senior Registrar, High Court of Justice, Kaduna Mr. Yakubu Ismaila. In April 2004, this Committee held its inaugural meeting.

However, in the course of research, Access to Justice field researcher found many who raised concerns about operating the Coroner system within the context of the prevailing Islamic personal law governing deaths: under Islamic law - practiced by a majority of the population in these states - the dead are buried immediately after the prayers following the news of the person's demise.

However, given recent reports of extrajudicial executions in Kaduna, and a widely-held belief that these reported killings were being covered up through covertly hurried burials, many in Kaduna State may see the necessity for a vibrant coroner legislation from a fresh perspective.