Ogun Judge Rules That Obas Must Accept Traditional Burials

Ogun Judge Rules That Obas Must Accept Traditional Burials

Traditional rulers in Ogun State are bound by the customs and burial rites of the institutions they willingly joined, Justice Phillips Akinside of the Ogun State High Court has affirmed.

Delivering his remarks at the fifth Chief Kehinde Sofola Memorial Bar Lecture on Wednesday, the judge stated that once an individual assumes the role of an Oba in line with the traditions of their people, they relinquish the right to reject those same customs—even after death.

Delivering the keynote address at the event organised by the Nigerian Bar Association, Sagamu branch, Akinside said: “If selection/nomination, 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.”

Akinside also said the upgrade of Bales or the direct appointment of a chief by the state executive council to the status of a coronet oba had generated a lot of controversies.

He, however, said the coronet obas were minor chiefs without prescribed authority and therefore lacked the power to install chiefs in their domain.

The Chief Judge of Ogun State, Justice Mosunmola Dipeolu, urged legal practitioners to prioritise the rule of law and protect the people’s fundamental human rights over tradition.

Justice Dipeolu, represented by Justice Adetokunbo Jibodu, said the theme of the annual lecture, “Obas And Chiefs Law Of Ogun State: Chieftaincy Disputes, Their Effects On The Community And Legal Protection of Religious Freedom,” could not have come at a better time, as it helped to address the core issues of social cohesiveness, cultural identity and fundamental rights of the people of the state.

He said the theme of the annual lecture also brings to bear the intricate intersection of law, tradition, community stability and individual liberty.

Dipeolu stated that the 2021 Obas and Chiefs Laws of the state, as amended, establish the legal framework for the recognition, appointment, grading, regulation and deposition of traditional rulers in the state.

He added that the objectives of the laws were commendable as they helped to preserve culture and tradition and promote order and legitimacy by establishing explicit protocols for ascending to traditional stools assuring legitimacy and avoiding turmoil among others.

He, however, said despite the legislative framework, chieftaincy disputes remained a significant challenge in the state, as in many parts of Nigeria.

He added that the issue of fundamental rights to religious freedom about the traditional institution also remained a struggle.

Addressing the pressing issues raised, Dipeolu called on legal practitioners to draw inspiration from the life of the late Chief Kehinde Sofola (SAN), who embodied legal brilliance, unwavering principles, and a deep commitment to justice for all.

The Chief Judge described Sofola as a distinguished jurist and a revered figure in the legal profession, whose life reflected excellence, integrity, and a steadfast dedication to the rule of law.

In his welcome address, Chairman of the Sagamu branch of the Nigerian Bar Association (NBA), David Efuwape, explained that the theme of the lecture was carefully chosen to expand public understanding of the 2021 Obas and Chiefs Law in Ogun State. He added that the insights from the discussion could serve as a foundation for reviewing the law.

Efuwape also reaffirmed his administration’s commitment to fostering a legal practice grounded in justice, equity, and fairness, while also promoting peace, unity, and harmony across the state.

Goodwill messages were delivered by the Akarigbo and paramount ruler of Remo land, Oba Babatunde Ajayi, and the former Speaker of the Ogun State House of Assembly, Kunle Oluomo.