Ogun State government on Sunday reacted to the remarks of a judge of Ogun State Customary Court of Appeal, Justice Philip.O Akinside that traditional rulers should be buried according to the traditional laws and customs of the people.

Although the controversy had been on going over the years, it is the first time a state is making official pronouncement over the issue. Before his death, the immediate past Alaafin of Oyo, Oba Lamidi Adeyemi had in a video that went viral denounced traditional rulers leaving instructions to be buried in religious manner that is contrary to their traditional religion. “If I die today, the Oyomesi knows what to do with my remains. They will take me to Bara, the place of my ancestors”, he had said.

The late Alaafin’s comments was in reaction to the wish of some traditional rulers who had changed their religion into either Christianity or Islam. Such traditional rulers therefore wants to be buried in accordance with the rites of their new religion when they die.

However, Justice Akinside, delivering the Annual Lecture of the Nigerian Bar Association (NBA), Sagamu branch rekindled the controversy with the lecture he delivered. Tagged Chief Kehinde Sofola Memorial Bar Lecture, the judge said that “If the selection, nomination, or appointment and approval of the appointment of a candidate to a chieftaincy is done in accordance with the customs and traditions of his people, it stands to reason that his installation and burial rites should also be in accordance with such customs and traditions.”

He added “The Obas have no right or legal right to change the tradition they have voluntarily come into. Under the 1999 Constitution of Nigeria, a person has the right to practice any religion of his choice. He can be born a Christian, become a Muslim or vice versa. If he chooses to become a traditionalist, he is at liberty to do so. Having done so, he cannot change the goalpost in the middle of the match and complain that his right to religious freedom has been infringed. He seemed to have waived such right.” The title of the lecture was “Obas And Chiefs Law Of Ogun State”.

However reacting to the lecture, Ogun State government in a statement released by the Chief Press Secretary (CPS), Mr Lekan Adeniran said it is committed to upholding strict observance of the rule of law and promoting lawful cultural practices in burial rites for traditional rulers in the state. “Inasmuch as traditional rulers are expected to abide by the customary norms and traditions to which they belong, there are limitations to such conformity according to the laws of the state”, the statement reiterated.

The government statement noted that Justice Akinside’s submission was his personal opinion and has nothing to do with any judicial pronouncement.

The statement said: “The attention of the Ogun State Government has been drawn to media reports and public commentary arising from a lecture recently delivered by Hon. Justice P.O. Akinside of the Customary Court of Appeal, Ogun State to the effect that ‘… traditional rulers in Ogun State must submit to the customs and burial rites of the traditional institutions they voluntarily joined…’ and ‘…having voluntarily joined the traditional institutions, they forfeit the right to opt out of those same customs even in death.’

“For the avoidance of doubt, it is important to reiterate that the comments made by the Honorable Judge were made during a public lecture and do not amount to a judicial pronouncement made in a judgment in any matter, as erroneously reported by some media forums and perhaps mischievously misrepresented by some members of the public. Furthermore, while the statements reflect the personal opinion of the learned judge, it is important to restate the extant position of the law for the avoidance of public misunderstanding.

“Traditional rulers are indeed custodians of and are expected to abide by the customs of the traditional institutions to which they belong. This is, however, not without limitations, as such customs and traditions must conform to and operate within the bounds of the law. Specifically, Section 55 of the Obas and Chiefs Law of Ogun State 2021 provides a framework for the preservation and regulation of traditional burial rites for traditional rulers. While subsection (ii) of the section acknowledges the right of a traditional ruler to be buried in accordance with customary practices, subsections (iii) to (v) establish procedural safeguards for the application of such customs. The relevant provisions are reproduced below:

“(ii) A Traditional Ruler shall be entitled to be buried in accordance with the customs and traditions of the land; save, however, that his body shall not be subjected to any mutilation or cannibalization.

“(iii) Notwithstanding anything contained in this section, it shall be the responsibility of the relevant Traditional Council to determine the Customary Law and the nature of the Traditional burial rites.

“(iv) The determination endorsed by those referred to in (iii) above shall be made by a declaration to be registered with the Commissioner within Twenty-One (21) days of it being so made or of any amendment(s) thereof;

“(v) The receipt of the declaration by the Office of the Commissioner shall be deemed to be sufficient proof of the registration.”

“From the foregoing, the law clearly recognizes the significance of the relevant traditional council on matters of customary law and the nature of traditional burial rites, but underscores that their application must be registered, transparent, and subject to oversight by the State Government.

“In addition, Sections 55 and 56 of the Law expressly prohibit certain practices under any circumstances, including but not limited to mutilation, cannibalism, human rituals, and obstruction by anybody of the burial of a deceased traditional ruler by the family. More importantly, Section 56(ii) makes it a criminal offense to kill or use human parts in the course of any burial rite or installation of an Oba or Chief within Ogun State.

“This statutory position remains the definitive authority on what is legally permissible in the conduct of customary burial rites for traditional rulers. Accordingly, while customs are deeply valued and respected, they cannot override the provisions of the law.

“This clarification is necessary to ensure that the public is accurately informed and to reiterate the unwavering commitment of the Ogun State Government to upholding strict observance of the rule of law and promoting lawful cultural practices.”

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