The Ogun State Government has distanced itself from recent comments made by Justice Phillips Akinside of the State Customary Court of Appeal regarding burial rites for traditional rulers, describing the remarks as his personal opinion and not a judicial pronouncement.

Justice Akinside had asserted that traditional rulers relinquish their rights to personal religious beliefs upon ascending the throne and must adhere strictly to the customs and traditions of their people, including in their burial rites.

He made the statement while delivering the keynote address at the 5th Memorial Bar Lecture organised by the Nigerian Bar Association, Sagamu Branch, in honour of the late Attorney General and Minister of Justice, Chief Kehinde Sofola, SAN.

The lecture’s theme was “Obas and Chiefs Law of Ogun State: Chieftaincy Disputes, Their Effects on the Community and Legal Protection of Religious Freedom.”

Justice Akinside stated, “If the selection, nomination, appointment, and approval 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,” adding, “Obas have no legal right to change the tradition they have voluntarily come into.”

He argued that by choosing the throne, they effectively waive certain religious freedoms.

Quoting Section 55(2) of the Obas and Chiefs Law of Ogun State 2021, he noted: “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 cannibalisation.”

He further warned against eroding Africa’s indigenous traditions in the name of religious freedom or modernity.

However, in a statement issued on Sunday by the Special Adviser to Governor Dapo Abiodun on Media and Strategy, Kayode Akinmade, the state government clarified that the judge’s comments at the lecture were not binding judicial rulings and have been misrepresented by some media outlets.

The government reaffirmed the provisions of the Obas and Chiefs Law of Ogun State 2021, which, it said, provides a legal framework that balances respect for tradition with adherence to the rule of law.

The statement quoted Section 55 as follows:

(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 cannibalisation.

(iii) The responsibility for determining the applicable customary burial rites lies with the relevant Traditional Council.

(iv) Such determinations must be declared and registered with the Commissioner within 21 days of their adoption or amendment.

(v) Receipt of the declaration by the Commissioner’s office shall be deemed sufficient proof of registration.

The government stressed that while customs are recognised and respected, they must operate within the bounds of transparency, registration, and government oversight.

The statement also referenced Section 56, which expressly prohibits practices such as mutilation, cannibalism, and human sacrifice during any traditional rite or installation process. It further makes it a criminal offence to obstruct the burial of a traditional ruler by the family or to engage in any ritual involving human parts.

“The statutory provisions of the Obas and Chiefs Law remain the definitive legal guide for the burial rites of traditional rulers in Ogun State,” the government said.

It said by reaffirming its commitment to the rule of law and lawful cultural practices:
“While customs are deeply valued, they cannot override the law. This clarification is essential to prevent misinformation and to ensure that cultural practices remain within legal and ethical boundaries.”