Ogun Govt Gives Clarification On Traditional Burial Rites

Ogun State Government has given an explicit  clarification on the media reports and attendant public discourse over burial rites of the traditional institutions, describing the comment of Hon. Justice P.O Akinside on the subject matter as personal opinion.

It would be recalled that  Hon. Justice P.O Akinside of the Customary Court of Appeal, Ogun State recently delivered a lecture where he submitted that  traditional rulers in Ogun State must submit to the customs and burial rites of the traditional institutions they voluntarily joined, having voluntarily joined the traditional institutions.

He added that traditional rulers therefore,  forfeit the right to opt out of those same customs even in death.

However, in a statement signed by the Special Adviser to Ogun State Governor on Media and Strategy, Hon. Kayode Akinmade, the comment by the learned judge during the lecture does not amount to a judicial pronouncement in the state  as falsely reported by some media platforms.

The statement therefore ,reemphasized 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.

"For the avoidance of doubt, it is important to reiterate that the comments made by the Honorable Judge were made during a public lecture and do not amount to Judicial pronouncement made in a Judgement in any matter as erroneously reported by some media forums and perhaps as mischievously misrepresented by some members of the public. 

"Furthermore, While the statements reflect the personal opinion of the learned judge, it is important to restate the extant position of the law for the avoidance of public misunderstanding. 

Traditional rulers are indeed custodians of and are expected to abide by the customs of the traditional institutions they belong to. 

"This is however not without limitations as such customs and traditions must conform with and operate within the bounds of the law. 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 been 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.

"From the foregoing, the law clearly recognises the significance of the relevant traditional council on matters of customary law and nature of traditional burial rites, but underscores that their application must be registered, transparent, and subject to oversight by the State Government. 

"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 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 rule of law and promoting lawful cultural practices", the statement read.