Almost Three Years Later, Mohbad Still Unburied As His Father Insists On DNA

The prolonged delay in the burial of Nigerian musician Mohbad, nearly three years after his death, underscores the intricate interplay of legal, cultural, and familial dynamics in Nigeria. Central to this impasse is the father's insistence on a DNA test to ascertain the paternity of the deceased's child, Liam, a demand that has significant implications for inheritance and the child's legal status. This article examines the Nigerian legal framework governing burial rights, paternity disputes, and the role of the Coroner's Inquest, highlighting how statutory provisions, customary practices, and judicial interpretations converge to create complex challenges in cases of suspicious death and contested lineage, particularly where the deceased's wishes are unclear or family consensus is absent.

The tragic and untimely death of Nigerian musician Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, in September 2023, has evolved into a protracted legal and social saga, with his remains still unburied almost three years later. This unprecedented delay is primarily driven by a contentious demand from the deceased's father for a deoxyribonucleic acid (DNA) test to confirm the paternity of Mohbad's son, Liam. The case has captivated public attention, exposing the intricate and often conflicting layers of Nigerian law, cultural norms, and familial expectations surrounding death, burial, and inheritance.

The legal landscape governing burial and paternity in Nigeria is a mosaic of statutory provisions, common law principles, and diverse customary laws, which vary significantly across ethnic groups. Generally, the responsibility for burial arrangements falls to the deceased's next-of-kin, typically the surviving spouse and children, or in their absence, parents or siblings. However, the deceased's expressed wishes, if documented, are increasingly given weight by Nigerian courts. Statutory regulations, such as the National Health Act 2014 and various state public health laws (e.g., Public Health Law, Cap. P16, Laws of Lagos State), govern the handling and disposal of human remains, often mandating burial in designated cemeteries and prohibiting interment in residential areas without specific consent, as stipulated by Section 246 of the Criminal Code Act.

Regarding paternity, Nigerian law provides mechanisms for its determination, particularly through the Child's Rights Act 2003 (CRA), which has been domesticated by many states. Section 63(1)(a) of the CRA empowers courts in civil proceedings to order scientific tests, including DNA tests, to ascertain parentage, always prioritizing the best interest of the child. The Evidence Act 2011 further provides for the admissibility of DNA results as expert evidence, provided proper chain-of-custody and laboratory accreditation standards are met. Paternity can also be established through acknowledgment by the father during his lifetime, which has significant implications for inheritance rights, especially for children born outside of marriage. In cases of suspicious death, the Coroners' System Law of Lagos State 2007 mandates an inquest to determine the cause and circumstances of death, prohibiting the tampering with or disposal of a body without the Coroner's authorization once an inquest has commenced.

The father's demand for a DNA test in the Mohbad case primarily stems from concerns over Liam's paternity, which directly impacts inheritance rights under Nigerian law. For a child to inherit from a deceased father who died intestate (without a will), paternity must be established. While a child born within a valid marriage is presumed legitimate under Section 165 of the Evidence Act 2011, this presumption is rebuttable by clear and credible evidence, including DNA results. For children born outside marriage, paternity must be proven either through the father's acknowledgment during his lifetime or by a court order, often involving DNA testing. The Child's Rights Act, in particular, allows a court to order a DNA test where paternity is in issue and it serves the child's welfare, as affirmed in cases like *Anozia v. Nnani (2015) 8 NWLR (Pt. 1461) 241*. While an adult's consent is generally required for DNA testing due to privacy rights under Section 37 of the 1999 Constitution, a court can override this in specific legal proceedings, especially when the child's best interest is paramount.

The protracted delay in Mohbad's burial raises significant legal and ethical questions. While customary laws often dictate swift burial, particularly in Islamic traditions, the ongoing Coroner's Inquest, initiated under the Coroners' System Law of Lagos State 2007, takes precedence. Sections 14 and 15 of this law empower the Coroner to investigate violent, unnatural, or suspicious deaths, and Section 22 allows for the postponement of disposal of any body until an inquest is held. Furthermore, Section 16 prohibits tampering with or disposing of a body without prior authorization from the medical examiner if an inquest has begun. This legal framework provides the basis for the continued retention of Mohbad's remains, as the inquest aims to definitively ascertain the cause and circumstances of his death, which may involve further forensic analysis.

Crucially, the legal authority to make burial decisions typically rests with the deceased's personal representatives – an executor if there is a will, or an administrator granted Letters of Administration if there is none. Nigerian courts have consistently clarified that merely being named as 'next of kin' does not automatically confer the right to inherit or administer an estate; this power is vested in a duly appointed executor or administrator. The Administration of Estates Law of Lagos State, Section 49(1), outlines the order of priority for obtaining Letters of Administration, typically starting with the surviving spouse, then children, and subsequently parents. The father's insistence on a DNA test, therefore, is not merely a personal request but a legal strategy to potentially alter the line of succession and influence who ultimately controls the burial arrangements and the deceased's estate, particularly if the child's paternity is disproven, thereby affecting the child's status as a beneficiary.

The Coroner's Inquest itself is a fact-finding tribunal, not a criminal trial, and its purpose is to ascertain the cause, time, and circumstances of death, not to apportion blame. Even if the body has been buried or cremated, an inquest can still proceed based on witness testimonies, medical reports, and circumstantial evidence. The findings of the inquest will be crucial in providing clarity on the circumstances of Mohbad's death, which in turn may influence the legal proceedings surrounding the paternity dispute and the eventual burial. The intersection of these legal processes highlights the complexities when a suspicious death is compounded by family disputes over lineage and inheritance, often requiring a delicate balance between statutory mandates, customary practices, and the fundamental rights of all parties involved, especially the child.

The Mohbad case serves as a stark reminder to legal practitioners of the multifaceted challenges inherent in cases involving suspicious deaths, contested paternity, and delayed burials in Nigeria. It underscores the critical importance of clear estate planning, including wills that explicitly state burial wishes and appoint executors, to mitigate potential family disputes. In the absence of such clarity, the legal framework, particularly the Coroners' System Law and the Child's Rights Act, provides mechanisms for resolution, albeit often through protracted processes.

Practitioners advising clients in similar situations must navigate the delicate balance between statutory requirements, customary practices, and the paramount consideration of the child's best interest. The case highlights the need for robust legal representation in Coroner's Inquests, paternity suits, and applications for Letters of Administration. As the legal proceedings unfold, the outcome will not only bring closure to a high-profile case but also potentially set precedents for how Nigerian courts address the intersection of forensic evidence, family law, and cultural sensitivities in future disputes over death and lineage.