The Ogun State Government, on Sunday, stated that the recent comments of Judge Phillips Akinside of the state Customary Court of Appeal regarding the burial rites of traditional rulers are a personal opinion.
This is just as the Oluwo of Iwo, Oba Abdulrosheed Akanbi, described Akinside’s remarks on traditional rites and kingship as “sacrilegious” and a misrepresentation of Yoruba culture.
The Oluwo, in a statement he signed on Sunday, accused the judge of attempting to drag the Yoruba monarchy back into what he called the “dark age” of occultism and ritualism, insisting that no law compels traditional rulers to belong to secret societies or participate in deity worship.
Recall that Justice Akinside, while delivering a keynote address during the 5th Memorial Bar lecture organised by the Nigerian Bar Association, Sagamu branch, in honour of late Attorney General and Minister of Justice, Chief Kehinde Sofola (SAN), posited that traditional rulers had forfeited their rights to tradition once they agreed to ascend the throne of their forefathers.
The judge said, “If selection/nomination, appointment and approval of the appointment of a candidate to a chieftaincy are done by 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 explained that the 2021 Obas and Chiefs Law of the state did not demolish the customs and tradition built around traditional institutions but in section 55 (2) clearly stated that “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.”
However, in a statement on Sunday signed by the Special Adviser to the Ogun State Governor on Media and Strategy, Kayode Akinmade, the government said the judge’s comment during the lecture did not amount to a judicial pronouncement in the state as falsely reported by some media platforms.
The statement emphasized the position of law as enshrined in Oba and Chiefs Law of Ogun State 2021, which specifically provides guidelines for the preservation and regulation of traditional rites for traditional rulers.
The state government said, though traditional rulers are indeed custodians of culture and are expected to abide by the customs of the traditional institutions they belong to, this was not to say that such customs and traditions must not conform with and operate within the bounds of the law.
The government held, “Specifically, Sections 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.”
The statement argued further that the law recognizes the significance of the relevant traditional council on matters of customary law and the nature of traditional burial rites, but commanded that their application must be registered, transparent, and subject to oversight by the state government.
The government said, “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.
“See more importantly Section 56(ii) makes it a criminal offence 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 to the rule of law and promoting lawful cultural practices”.
On his part, the Oluwo of Iwo faulted the judge’s understanding of tradition, declaring that culture must be divorced from religion and occultism.
“The judge has no deep definition of culture. Culture is not religion—Islam, Christianity and deity worshipping. Culture and traditions are not deity worshipping. His statement was not only sacrilegious but also a deliberate attempt to mislead Yorubas who have already freed themselves from the poverty of the mind,” he stated.
Oba Akanbi added that traditional rulers had the constitutional right to practise any religion freely, without coercion from secret cults or traditional groups.
He noted that the practices of mutilating monarchs’ corpses and compelling kings to join secret societies were outdated and should never be used to define kingship in modern-day Nigeria.
Oluwo said, “I believe Justice Akinside is just passing his own opinion because there is no law supporting butchering and cutting dead kings into pieces. I’m not equally aware of any law enforcing traditional rulers to worship deities, belong to secret societies and the like. The traditional institution is not the judiciary.”
Akanbi warned that attempts to impose occultic practices on Yoruba monarchs would be resisted, stating that such customs were designed to enslave and limit the freedom of traditional rulers.
He said, “Every attempt to desecrate traditional rulers and the institution will continually be resisted by noble monarchs. Thank goodness the judge is not a lawmaker. A king must be freed. The secret clubs are purposely designed to restrict the freedom and rights of traditional rulers.
“Of what justification are these occultic practices you are promoting to the destiny of our innocent children killed for rituals in Yorubaland?
“Leave kingship for kings who know the difference between occultic family practices (Oro Idile) and traditions. The statement credited to Justice Akinside is his opinion. Opinions are personal.”
Oluwo maintained that the traditional institution must evolve with time and not be held hostage by practices with no legal or moral justification.
The Punch
