NBA is defending Ogun judge over remarks made by him about burial rituals of traditional rulers
The Nigerian Bar Association (NBA) in Sagamu has come forward to stand up for Justice Phillips Akinside of the Ogun State Customary Court of Appeal, whose remarks on burial rituals for traditional rulers have recently caused controversy. At the 5th Memorial Bar Lecture in honor of deceased Chief Kehinde Sofola SAN, Justice Akinside declared that traditional rulers must respect the customs they embraced upon ascending to their thrones. This includes burial rituals.
Justice Akinside explained that by agreeing to be traditional rulers by traditional selection, monarchs are bound to the customs of their inauguration that govern their funeral. He emphasized every attempt made to bypass these rituals in the future is contrary to the promises they made when they were appointed. According to him, even though the Constitution provides freedom to practice religion, individuals who choose to become traditional rulers waive some of these rights as their duties require adhering to the customs. The monarch cannot later defy these customs and claim that they infringe on religious freedom since they already had accepted them while assuming the monarch’s title.
He referred to the 2021 Obas and Chiefs Law, which clarifies that the funeral of a ruler from the past must be performed according to traditional ceremonies as long as there’s no mutilation or cannibalism. This law will preserve traditional culture while protecting people from harmful or extreme practices.
Justice Akinside used his address to urge Nigerians to safeguard their Indigenous culture from destruction by external or colonial influences. He emphasized that preserving traditional practices within the limits of law is vital to maintaining national identity while respecting centuries-old traditions.
It was later clarified that the Ogun State Government has since confirmed that Justice Akinside’s remarks were personal opinions expressed during an academic lecture and not legal pronouncements by a judge. The government confirmed that 2021’s Obas and Chiefs Law must remain in the current legal framework. As per the law, all funeral rite decisions must be recorded. The law prohibits all types of mutilation or cannibalism and other criminal methods of burial or installation, and offenders face legal action.
Sections 55 and 56 of the law protect human dignity and prohibit the use of human body parts or rituals that involve violence. The government emphasized that customs must be governed by the law’s limits to guarantee both the preservation of culture and respect for human rights.
In response to criticisms of Justice Akinside’s remarks, the NBA Sagamu branch explained that the judge’s speech was built on the laws of 2021. The NBA Chair, David Efuwape, clarified that the remarks were educational and aimed at clarifying legal practitioners and the general public on the interplay of constitutional law and customary rights. He advised the public not to take his words as gospel or interpret the judge’s remarks in a different context, stressing the importance of studying the entire speech before forming an opinion.
In the end, the lecture emphasized the necessity for Nigerians to be aware that traditional rulers, in the fact that they accept chieftaincy titles, are bound by the customs and traditions of their respective communities. However, the customs they follow must be governed by the laws in place to safeguard the rights of human beings and their dignity. As Justice Akinside and the NBA emphasized, a delicate equilibrium is essential to preserve tradition while ensuring the law’s rule in a modern society.
