…Says traditions must not override state law
The Ogun State Government has reiterated its commitment to the rule of law and the enforcement of lawful cultural practices in the burial rites of traditional rulers, clarifying recent public discourse sparked by a lecture on customary obligations.
In a statement issued on Sunday, the government stressed that while traditional rulers are expected to uphold the customs of the institutions they serve, such traditions must be practised within the legal framework of the state.
The clarification followed a lecture delivered by Honourable Justice P.O. Akinside of the Customary Court of Appeal, Ogun State, in which he asserted that traditional rulers must comply with the burial rites of their respective traditional institutions and cannot opt out of such customs even in death.
The government, however, responded that the judge’s comments represented personal views expressed during a public event and did not constitute a judicial pronouncement or binding legal interpretation.
“For the avoidance of doubt, it is important to reiterate that the comments made by the Honourable Judge were made during a public lecture and do not amount to a judicial pronouncement made in a judgment in any matter,” the statement read. “While the statements reflect the personal opinion of the learned judge, it is essential to restate the current legal position to prevent public misinterpretation.”
The government reaffirmed that traditional rulers, as custodians of culture, are indeed expected to observe customary rites, but such observances are bound by the provisions of the law. Specifically, it referenced Section 55 of the Obas and Chiefs Law of Ogun State 2021, which outlines the procedures and legal safeguards guiding traditional burial practices.
According to subsection (ii) of the law, “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.”
Further subsections (iii) to (v) mandate that relevant traditional councils determine the customary burial rites, and that such determinations must be formally declared and registered with the Commissioner within 21 days. The statement stressed that this registration constitutes legal proof and ensures transparency.
The government also pointed to Sections 55 and 56 of the same law, which strictly prohibit practices such as mutilation, human rituals, cannibalism, and any obstruction by individuals attempting to prevent a deceased ruler’s family from conducting burial.
Section 56(ii) specifically criminalises the use of human parts or killing in the course of any burial ceremony or installation of an Oba or Chief in the state.
“The law remains the definitive guide on what is legally permissible in the conduct of customary burial rites for traditional rulers,” the statement said. “Accordingly, while customs are deeply valued and respected, they cannot override the provisions of the law.”
The Ogun State Government said the clarification was necessary to provide accurate information to the public and to reinforce its steadfast commitment to legal compliance and the promotion of culturally respectful, but lawful, practices.
