By Miracle Okoro, Abeokuta
Traditional rulers in Ogun State must submit to the customs and burial rites of the institutions they voluntarily joined, a state High Court judge, Justice Phillips Akinside, has declared
Speaking at the fifth Chief Kehinde Sofola Memorial Bar Lecture on Wednesday, the judge argued that once a person becomes an Oba in accordance with the customs of their people, they forfeit the right to opt out of those same customs — even in 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 can not 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 a 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 that 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 challenge at hand, Dipeolu urged the legal practitioners to be inspired by the life of the late Chief Sofola (SAN) who exemplified legal expertise, unshakeable principles, and a strong dedication to justice for all.
The CJ described Sofola as a jurist par excellence and icon in the legal profession, whose life exemplified quality, integrity, and steadfast dedication to the rule of law.
Welcoming the participants, the Sagamu NBA branch chairman, David Efuwape, said the choice of the theme was to help broaden people’s horizons on the 2021 Obas and Chiefs Law of the state, while the outcome of the discussion could also be the basis for the review of the law.
Efuwape said his leadership would continue to engender the legal practice anchored on the promotion of justice, equity, and fairness while promoting peace, unity, and harmony in the state.
There were also goodwill messages from the Akarigbo and paramount ruler of Remo land, Oba Babatunde Ajayi, as well as the former Speaker of the state House of Assembly, Kunle Oluomo
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