HEADLINENEWS.NEWS SPECIAL REPORT
By Headlinenews.News Editorial Team
Abeokuta, Ogun State – June 28, 2025 —
A compelling legal and cultural debate was reignited in Ogun State this week as Justice Phillips Akinside, a High Court Judge, emphatically ruled that traditional rulers—Obas—must submit to the full customs and burial rites of the traditional institutions they have voluntarily joined, regardless of religious affiliations at the time of death.
The bold declaration came during the 5th Chief Kehinde Sofola Memorial Bar Lecture, organized by the Nigerian Bar Association (NBA), Sagamu branch. The theme of the annual lecture was “Obas and Chiefs Law of Ogun State: Chieftaincy Disputes, Their Effects on the Community and Legal Protection of Religious Freedom.”
Justice Akinside’s address has ignited national conversation on the intersection of tradition, law, religion, and human rights—issues that have long tested the cohesion of Nigeria’s plural society.
The Crux: “No Right to Change the Goalpost Midway”
In his keynote address, Justice Akinside submitted that once a person becomes an Oba in accordance with the customs of their people, they are legally and morally bound to adhere to the rites—including burial rites—prescribed by that same institution. He argued that voluntary entry into the traditional institution inherently involves a waiver of certain rights, especially in relation to religious freedom at death.
“If selection/nomination, appointment and approval 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 declared.
Quoting constitutional provisions on religious freedom, Akinside clarified that while the 1999 Constitution guarantees freedom of religion, individuals who embrace traditional institutions effectively limit their claim to exclusive religious identity when they assume culturally sacrosanct roles.
A Constitutional Tug-of-War
This position has stirred important legal reflections on Section 38 of the 1999 Constitution, which grants every citizen the right to “freedom of thought, conscience and religion.” However, legal scholars argue that constitutional freedoms are not absolute, particularly when voluntarily entering culturally regulated roles such as kingship, which are bound by historical obligations and customary law.
Justice Akinside’s argument echoes past Supreme Court rulings that customary law remains binding in roles where it has been freely accepted and is not repugnant to natural justice, equity, or good conscience.
The Coronet Obas Controversy: Titles Without Power?
The judge also touched on a rising controversy in Yoruba traditional institutions—the state appointment and upgrade of “coronet obas”, often without ancestral or prescribed authority. He noted that such individuals, though bearing titles, are minor chiefs lacking the traditional legitimacy or constitutional powers to install chiefs in their domains.
His statement aligns with widespread concerns that political interference in traditional institutions is diluting cultural sanctity and fostering chieftaincy disputes across Yoruba land.
CJ Dipeolu: The Rule of Law Must Balance Tradition and Rights
Ogun State Chief Judge Justice Mosunmola Dipeolu, represented at the event by Justice Adetokunbo Jibodu, presented a more balanced perspective—urging legal practitioners to be guided by both tradition and constitutional rights. While recognizing the merits of preserving cultural heritage, she warned against allowing customs to infringe on fundamental human rights, particularly the right to religious freedom.
“The theme brings to bear the intricate intersection of law, tradition, community stability, and individual liberty,” she noted.
She also lauded the 2021 Obas and Chiefs Law of Ogun State, which provides a framework for recognition, grading, and regulation of traditional rulers—yet acknowledged the persistent challenge of chieftaincy disputes, often driven by politics and ambiguous succession protocols.
Historical & Comparative Perspective: A Global Crossroads
The tension between custom and constitution is not unique to Nigeria:
In the Ashanti Kingdom of Ghana, traditional rulers are also bound to spiritual rites at death. The Asantehene undergoes strict rituals that blend Akan spirituality with community expectations. Renunciation of such rites would delegitimize the stool.
In the Zulu Kingdom of South Africa, King Misuzulu kaZwelithini recently affirmed his commitment to traditional rituals despite being a Christian, emphasizing the coexistence rather than conflict between religion and tradition.
In Japan, even the Emperor—despite being a constitutional monarch—undergoes Shinto purification rituals upon ascension and at death, a sign of respect to the state’s historical tradition.
These parallels affirm the universal challenge of integrating evolving human rights within ancient institutions. However, the enduring lesson remains that voluntary acceptance of traditional roles often implies acceptance of their intrinsic customs.
Conclusion: A National Reflection Point
The legal discourse at the NBA Sagamu lecture lays bare a pressing question for Nigeria’s plural society:
Can tradition and constitutional rights coexist without contradiction?
Justice Akinside’s position, though controversial, presents a call for consistency and integrity within traditional institutions. As chieftaincy disputes continue to plague states like Ogun, Lagos, and Oyo, the legal community must rise to establish a balance—honouring culture, protecting rights, and preserving unity.
“He who seeks the crown must not reject the cloak. The honour of kingship lies in the humility to serve the customs that made it,” said Princess G. Fraser, MFR, governance consultant and cultural strategist.
For Further Reading:
- Obas and Chiefs Law of Ogun State (2021 Amendment)
- Section 38, Constitution of the Federal Republic of Nigeria (1999)
- “Customary Law and Fundamental Rights: A Conflict or Coexistence?” – Nigerian Bar Journal, 2022 Edition
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