TDKano State authorities have withdrawn a court application to bury David Solomon Tarfa, a 13‑year‑old Christian orphan who died while in state custody, as a Muslim.
Tarfa and seven other children, it could be recalled, were wrongly removed from legitimate Du Merci orphanage.
The withdrawal by the Kano State Attorney General removes an immediate source of controversy over the late boy’s burial rites.
However, serious concerns remain about the continued detention of seven other children from the Du Merci orphanage.
Key developments in Kano Affairs
- Burial application withdrawn: The Kano State Attorney General has pulled the motion seeking to bury David as a Muslim.
- Release of remaining children delayed: Court proceedings on the handover of the Du Merci seven have been adjourned again, now moved to April.
That prolongs their detention in state custody since 2019 despite a High Court consent judgment ordering their return a year ago.
- Allegations of procedural obstruction: Repeated relitigation of a final judgment is being criticised as creating procedural barriers that undermine justice and the best interests of the children.
Contrasting treatment highlighted
Observers and child‑rights advocates point to a stark contrast between the handling of the Du Merci matter and the rapid legal action in the case of 22‑year‑old Walida Abdulhadi.
The case prompted a Magistrate Court to issue an arrest warrant for a Department of State Services (DSS) officer.
Critics cite the speed and public attention in Walida’s case — involving consenting adults and a security operative.
They say it stands in sharp relief to the apparent inertia over the court‑ordered return of children wrongly removed from a legitimate orphanage.
Child welfare and legal concerns
- Best interests of the child: Nigeria’s Constitution and international child‑rights obligations require that the welfare of minors be paramount in all decisions affecting them.
- Judicial compliance: The continued delays and re‑litigation of a subsisting High Court consent judgment raise questions about respect for judicial finality and the rule of law.
- Medical neglect and accountability: David died on 28 January, reportedly after suffering serious illness without appropriate medical care while in state custody.
His death intensifies calls for a transparent investigation and accountability for failures in care.
Calls to action on Kano Authorities
Legal and child‑rights advocates are urging:
- An expedited contempt hearing in April against Kano’s Commissioner of Women’s Affairs for continued detention of the children.
- Immediate compliance with the one‑year‑old High Court consent judgment ordering the release of the Du Merci children.
- Prioritisation of the children’s welfare in all proceedings and a transparent inquiry into the circumstances of David’s death.
Emmanuel Ogebe, Esq. of the US Nigeria Law Group expressed appreciation for the Kano Attorney General’s withdrawal of the burial application but warned that the relief is partial.
He described the Chapel’s withdrawal as mitigating “somewhat the tragedy”.
He stressed that the systemic issues — delayed compliance with court orders and the failure to protect children in state custody — remain unresolved.
