A heartbreaking news had it that a popular socialite, Kayode Badru, recently lost his life in an avoidable religious tragedy. Mr Badru was a member of Celestial Church of Christ (CCC). He was based in Dubai. He was said to have returned to Nigeria to celebrate with some members of the Church whom were beneficiaries of his scholarship awards. The unfortunate incident reportedly took place at CCC Imole parish, Nureni Yusuf Way, Alagbado area of Lagos.
According to Celestialnewsonline, a brief account of the tragedy resulting in the death of Badru was that:
While kneeling down, a prophet began to spray perfume on his body and he also held one candle in his hands surrounded by seven elders. Within a few minutes, his body was on fire due to his closeness to the candle sticks and strong attraction from the perfume…
The name of the alleged presiding prophet was Prophet Felix Alebiosu.
The above scenario is one of the numerous risks some Nigerians take in the name of practising their religious beliefs. We have witnessed situations where people dressed in the regular attire of members of CCC would move their praying activities to the bank of Lekki Beach, Lagos, at night praying for subjects as they appear to be invoking the powers that control the waves. They often do this with little or no precautions.
Apparently, Prophet Felix Alebiosu and the seven elders never contemplated the inflammable tendencies of the perfume being applied on Badru while he was surrounded by a circle of candlelights. The seven elders didn’t live up to expectation. It is said that an elder does not sit at home and watch the she-goat suffer the pain of childbirth tied to a post. How about the deceased Badru? He was probably not ignorant of the risk. The only possible explanation is that being a religious subject could rob one of every capacity to reason. After all, one is not expected to approach spiritual matters from the realm of the physical. While this general understanding has its merits, it is also true that the point has been so ignorantly exploited and applied to bring about unexpected results.
Should the law take its course?
Celestialnewsonline reports that there was the possibility of a conspiracy leading to the death of Badru. The prime suspects (Prophet Felix Alebiosu and the seven elders) are now cooling off with the Police for allegations bordering on conspiracy to kill and murder. It will be an upheal task proving the mental element needed to secure their conviction. For instance, Section 24 of the Criminal Code states that a person is not criminally responsible for an event which occurs by accident. For an event to qualify as an accident, it must be a surprise to the ordinary man of prudence, that is, a surprise to all sober and reasonable people. The test is always objective. Audu Umoru v. State [1990] 3 NWLR (Pt. 138) 363. Was it a surprise that the body of the Late Kayode Badru caught fire after the application of perfume on his skin and he was made to draw close to the candlelights around him? Is it not common knowledge that perfumes often contain inflammable elements?
Criminal negligence also negates the defence of accident. For an act to constitute criminal negligence, it must not be a simple lack of care or mere inadvertence but gross negligence. Killing of a person through act of gross negligence constitutes manslaughter. Samson Uzoka v. State [1990] 6 NWLR (Pt. 158) 680; Akeem Idris v. State [2006] 2 FWLR (Pt. 311) 2360.
Meanwhile, Prophet Alebiosu and the seven elders also have to struggle with the principle of criminal responsibility which holds that a person is said to intend the natural consequences of his act.
Is it necessary for the law to take its course by delving into dangerous religious affair in order to restore sanity in the society? Yes. The incident should be thoroughly investigated. Few years ago, the Court of Appeal held in the case of Ezeugo v. State [2013] 9 NWLR (Pt. 1360) 508 at 588 that it is an abomination to kill innocent people in God’s name.
Posers
The statement found on Celestialnewsoline is even more troubling. The author, Alonge Michael, stated that:
To so many people who have violated the order of the church by using their human knowledge to carryout out order of service, this should be a big lesson to them.
Clearly, it is difficult to pinpoint the exact point being made by the author. Too many questions begging for answers. Whatever the case, the real lesson is that people should not let down their thinking faculty in exercising and demonstrating their right of worship. It would hardly be the expectation of the Late Kayode Badru that he would become a burnt offering allegedly sacrificed by Prophet Felix Alebiosu and the seven elders.
This article was originally published April 9, 2021 on https://stephenlegal.ng/kayode-badru-allegedly-roasted-in-a-cele-church-by-a-prophet-and-7-elders-why-the-law-should-take-its-course/ by Stephen Azubuike a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has worked with a number of startup tech companies. He tweets @siazubuike.
