Court halts Akingboye’s burial, renews order preserving remains
The Lagos State High Court in Osborne has restrained the Medical Director of Lagos Island General Hospital, the Commissioner of Police, Lagos State, the Deputy Commissioner of Police, State Crminal
The Lagos State High Court in Osborne has restrained the Medical Director of Lagos Island General Hospital, the Commissioner of Police, Lagos State, the Deputy Commissioner of Police, State Crminal Investigation Department (SCID), Panti, and Samuel Akingboye from burying or tampering with the remains of the late businessman and former Social Democratic Party (SDP) governorship candidate in Ondo State, Chief Bamidele Akingboye.
Justice Atinuke Ipaye issued the order while ruling on a motion ex-parte filed by Mrs. Christiana Akingboye and six of her children, who are seeking to preserve the body of the deceased pending the determination of a substantive suit before the court.
The suit, marked LD/9238/2026, was instituted by Mrs. Akingboye alongside Iyanuoluwa Michael Akingboye, Oluwagbenga Anthony Akingboye, Benson Bamidele Akingboye, Melvin Ayomikun Akingboye, Zion Akinbamidele Akingboye and Michealla Omoyiwola Akingboye.
In the application dated and filed on January 29, this year, the applicants sought several interim orders, including an injunction restraining the respondents from burying, transporting, or altering the condition or custody of the deceased’s remains pending the hearing and determination of the originating motion.
They also prayed the court to preserve the status quo on the body of the deceased and to restrain the respondents from acting on any alleged authorisation or consent relating to the burial without their involvement.
Counsel to the applicants, Dr. Sheriff Adesanya, urged the court to grant the application, relying on the affidavit evidence and written address filed in support of the motion.
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Ruling on February 16, Justice Ipaye held that applications of such nature require the court to exercise its discretion judicially and judiciously based on established principles of law.
The judge noted that the court must refrain from making substantive findings at that stage since the application was heard ex-parte, but held that the applicants had placed sufficient and compelling facts before the court to justify the reliefs sought.
Justice Ipaye observed that the dispute was emotionally charged, involving the alleged surviving widow and six children of the deceased, who were seeking to protect their right to participate in the burial of their husband and father in line with his wishes while alive.
Consequently, the court granted the prayers sought by the applicants and issued an interim injunction restraining the respondents, their agents or privies from burying, interring, transporting or tampering with the remains of the deceased pending the determination of the substantive motion.
The court also ordered that the status quo be maintained on the remains of Chief Akingboye.
It directed that no steps be taken concerning the movement, release, handling or disposal of the body until the matter is determined.
Justice Ipaye further restrained the respondents from recognising or acting on any purported authorisation, instruction or consent relating to the burial of the deceased issued by any person other than the applicants.
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In addition, the court barred the deceased’s first son, Samuel or anyone acting on his behalf, from arranging or conducting any burial of the deceased either within or outside Lagos State pending the hearing of the originating motion on notice.
The judge also ordered that the body of the late Chief Akingboye be preserved in an appropriate facility by the respondents pending the hearing and determination of the suit.
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When the matter came up again on February 23, the court renewed the interim orders for another seven days and adjourned the case till March 2, this year, for further hearing.
Chief Akingboye died on September 3, last year, in Lagos under circumstances that initially sparked public controversy and police investigation.
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Following his death, allegations emerged suggesting possible foul play involving members of his household, particularly his wife, Mrs. Christiana Akingboye, and their children.
The Lagos State Directorate of Public Prosecutions (DPP), however, later issued a legal advice after reviewing police investigation reports, CCTV footage, witness statements, medical records and post-mortem findings.
The DPP concluded that there was no prima facie case against the widow, her children or any member of the household and that no prosecution should be initiated.
Investigations also showed no evidence that anyone pushed or harmed the deceased, while the post-mortem examination indicated that the death was consistent with suicide.
The legal advice effectively cleared Mrs. Akingboye, her children and domestic staff of allegations surrounding the death, bringing to a close months of speculation and public scrutiny that followed the incident.
