The Ogun State Government on Sunday described the recent comments made by Justice Phillips Akinside of the State Customary Court of Appeal regarding the burial rites of traditional rulers as his personal opinion.

Akinside, while delivering a 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, posited that traditional rulers relinquish their rights to personal religious practices once they agree to ascend the thrones of their forefathers.

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

“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.

“Obas have no 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 their choice. He can, being 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 goal post in the middle of the match and complain that his right to religious freedom has been infringed. He is deemed to have waived such right”, he stated.

Justice Akinside also clarified that the 2021 Obas and Chiefs Law of Ogun State does not abolish the customs and traditions surrounding the traditional institution. He noted that Section 55 (2) of the law states: “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 emphasised the need to value indigenous culture and tradition, warning against allowing imperialism or colonialism to erode Africa’s original heritage.

However, in a statement issued on Sunday by the Special Adviser to Governor Dapo Abiodun on Media and Strategy, Kayode Akinmade, the Ogun State Government clarified that the judge’s comments at the lecture do not constitute a judicial pronouncement as falsely reported by some media platforms.

The government reiterated the position of the law as enshrined in the Obas and Chiefs Law of Ogun State 2021, which provides clear guidelines for the preservation and regulation of traditional rites for traditional rulers.

While acknowledging that traditional rulers are custodians of culture and are expected to abide by the customs of their institutions, the government maintained that such customs must still conform to the rule of 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,” the statement read.

“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 cannibalisation.

“(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.”

The government further emphasised that while the law recognises the significance of traditional councils in determining customary burial rites, their decisions must be transparent, registered, and subject to state oversight.

“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 any person of the burial of a deceased traditional ruler by the family.

“More importantly, Section 56(ii) makes it a criminal offence to kill or use human parts during any burial rite or installation of an Oba or Chief within Ogun State.”

The statement concluded that this statutory position remains the definitive legal authority on what is permissible regarding 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 the public is accurately informed and to reiterate the unwavering commitment of the Ogun State Government to the rule of law and the promotion of lawful cultural practices,” the government said.