A dramatic scene unfolded at the burial of the Awujale and paramount ruler of Ijebuland, Oba Sikiru Adetona, on Monday evening as traditionalists, who had arrived in their regalia to perform rites on the body, were turned away by security operatives.
Chanting incantations and drumming, the traditionalists attempted to enter the private residence of the late Awujale to access the burial arena, Persecondnews reports.
However, they were prevented from gaining entry by security personnel, including officers of the Nigerian Army.
Persecondnews recalls that Oba Adetona, who joined his ancestors on Sunday, July 13, at the age of 91 after a remarkable 65-year reign (making him the longest-ruling traditional ruler since his ascent in 1960), had been a vocal proponent for the discontinuation of traditional rites being solely applied in the burial of traditional rulers.
He argued that royal fathers should be buried according to their religious beliefs.
This stance by the Awujale aligned with the enforcement of the controversial Obas and Chiefs Law of Ogun State, 2021, which grants traditional rulers the choice to be buried according to their religious convictions.
The bill, sponsored by Assemblyman Akeem Balogun, Chairman of the House Committee on Local Government and Chieftaincy Affairs representing Ogun Waterside constituency, passed its second reading in March 2020.
While the bill faced strong opposition and setbacks from traditionalist bodies like the Osugbo, who argued it could undermine Yoruba cultural practices, it was welcomed by Christian and Muslim communities.
The “Obas, Chiefs, Council of Obas and Traditional Council Law of Ogun State 2021”.
In January 2022, Ogun State Governor Prince Dapo Abiodun officially signed the “Obas, Chiefs, Council of Obas and Traditional Council Law of Ogun State 2021” during a ceremony at the Awujale’s palace in Ijebu-Ode.
A key provision of this law preserves and protects the fundamental right of traditional rulers to be installed and buried according to their religious beliefs or convictions.
This means that a Christian or Muslim traditional ruler in Ogun State can now legally opt for a religious burial in line with their faith, in addition to any required traditional rites.
However, this legal provision has faced criticism. Justice P.O. Akinside of the Customary Court of Appeal, in a public lecture, argued that traditional rulers in Ogun State must submit to the customs and burial rites of the traditional institutions they voluntarily joined.
The justice contended that by voluntarily joining these institutions, they forfeit the right to opt out of those same customs, even in death.
“Traditional rulers in Ogun State must submit to the customs and burial rites of the traditional institutions they voluntarily joined…’ and ‘…having voluntarily joined the traditional institutions, they forfeit the right to opt out of those same customs even in death’, Akinside emphasized
But in a swift reaction, the Ogun State Government said it is committed to upholding strict observance of the rule of law and promoting lawful cultural practices in burial rites for traditional rulers in the state.
The government in a statement added that Akinside’s submission was his personal opinion and has nothing to do with any judicial pronouncement, stating that it is important to reiterate that the comments made by the Judge were made during a public lecture do not amount to a judicial pronouncement made in a judgment in any matter, as erroneously reported by some media forums and perhaps 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’, the statement added
“Specifically, Section 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’, it stated
“Traditional rulers are indeed custodians of and are expected to abide by the customs of the traditional institutions to which they belong. This is, however, not without limitations, as such customs and traditions must conform to and operate within the bounds of the law.”
The government, pointed out that in as much as traditional rulers are expected to abide by the customary norms and traditions to which they belong, there are limitations to such conformity according to the laws of the state.
It added:”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’.
“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.
“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 being so made or of any amendment(s) thereof;
“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 recognizes the significance of the relevant traditional council on matters of customary law and the 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. More importantly, Section 56(ii) makes it a criminal offense 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 of the rule of law and promoting lawful cultural practices
Awujale was, however, buried in accordance with Islamic rites at his final resting place at Ogbagba Court, Igbeba in Ijebu Ode.
It was witnessed by a large crowd of mourners, including prominent politicians, traditional leaders, and Islamic clerics, who gathered to pay their last respects.
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