“Justice Akinside Never Spoke Outside Provision Of Law” — NBA Sagamu Branch Defends Judge’s Comments On Traditional Burial Rites

The Chairman of Nigerian Bar Association, Sagamu branch, David Efuwape, on Monday rose to the defence of the Judge of Ogun State Customary Court of Appeal, Justice Phillips Akinside, whose comment on the burial rites of traditional rulers had generated lots of reactions and controversy.

Efuwape in a statement sent to our correspondent explained that Justice Akinside never spoke outside the provision of the law and that his lecture was at best being misconstrued or quoted out of context.

He said, “We wish to state that some persons who were not at the bar lecture are misconstruing the events that took place to suit their personal view.”

Recall that Justice Akinside while delivering a keynote address during the 5th memorial bar lecture organised by the NBA, Sagamu Branch in honour of late Attorney General and Minister of Justice, Chief Kehinde Sofola, SAN, had among other things posited that traditional rulers had forfeited their rights to tradition once they agreed to ascend the thrones of their forefathers.

He spoke on 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.”

The judge said that “if selection/nomination, appointment and approval of 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 that “The Obas have no right or legal right to change the tradition they have voluntarily came into. Under the 1999 Constitution of Nigeria, a person has the right to practise any religion of his 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 deemed to have waived such right.”

He explained that the 2021 Obas and Chiefs Law of the state did not demolish the customs and tradition built around traditional institution 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 cannibalisation.”

Justice Akinside said that people must value their culture and tradition and not allow imperialism or colonialism to destroy what is originally African.

However, in a statement on Sunday signed by the Special Adviser to Gov Dapo Abiodun on Media and Strategy, Kayode Akinmade, the Ogun State Government said that the judge’s comment during the lecture does not amount to a judicial pronouncement and was just a personal opinion.

The state government re-emphasized the position of law as enshrined in Obas 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 that though, traditional rulers are indeed custodians of culture and are expected to abide by the customs of the traditional institutions they belong to, this is however not to say that such customs and traditions must not conform with and operate within the bounds of the law.

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.”

Oluwo of Iwo, Osun State, Oba Abdulrosheed Akanbi, also condemned Akinside’s position describing his remarks on traditional rites and kingship as “sacrilegious” and a misrepresentation of Yoruba culture.

The Oluwo, in a statement he signed on Sunday equally 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.

However, in a statement on Monday, Sagamu NBA said that the essence of organising the lecture was to broaden people’s horizon of the 2021 Obas and Chiefs Law of Ogun State, while the outcome of the discussion could be a basis for review of the law.

It stated that at no time did the guest lecturer supplanted his personal opinion over the position of the law during the lecture.

The statement partly reads “We wish to clarify by stating that the keynote speaker in Hon Justice P.O. Akinside did not supplant his personal opinion for the position of the law.

“The speaker stuck within the provisions of the 2021 Obas and Chiefs Law of Ogun State to drive home his points in his presentation. He laced his points with the provisions of the law and case law.

“On the burial rites, the Judge speaker particularly quoted the provisions of Section 55 (2) of the law which 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 cannibalisation.

“So the Judge speaker did not deviate from the purport of the burial rites as stated in the law. Other speakers at the event also made positive contributions aimed at getting the best out of the Chieftaincy law practice.

“We urge the government and other stakeholders on the issue to harmonise what is best on the issue rather than let the issue be viewed differently from what the Judge speaker said.”

The association advised that people should stop quoting the speaker out of context and advised that the presentation of the judge should be properly perused before making further comments on the lecture.