From time immemorial, the installation and burial rites of monarchs especially in Yorubaland, South West, Nigeria, have been shrouded in secrecy. Monarchs are installed through the traditional way, and as such, the process of burying them rests on the shoulders of the traditionalists, the Ogbonis or the Osugbos, as the case may be.
When a monarch dies, the traditionalists take over the burial processes, no matter the religion such Oba practiced while alive, be it Christianity or Islam. Some are believed to have been buried with their bodies mutilated. Hence, families hardly know where and how the bodies of monarchs are laid to rest.
It was therefore strange to many when the remains of the late Oba Jimoh Oyewumi Ajagungbade III, the Soun of Ogbomosoland, who joined his ancestors in December were interred in the palace in accordance with Islamic rites. His Jazanah prayer was conducted in full glare.
Similar treatment was given to the late Olubadan of Ibadan, Oba Saliu Adetunji, when he died on January 2. His burial witnessed the presence of a mammoth crowd and sympathisers who thronged Mapo Hall and Popoyemoja Palace of the late traditional ruler.
But in Ogun State, the Alaye-Aba of Aba, Aiyepe, Oba Rauf Adebayo Raji-Suleimon who joined his ancestors on January 22 last year, did not get similar treat.
Shortly after the monarch drew his last breath, members of the Osugbo cult got hold of his remains and took it into custody, preparatory to their traditional rites.
Oba Raji-Suleimon’s children felt their father practised and died a Muslim, hence, his remains should be buried in line with the Islamic rites.
They viewed the Osugbo Society’s act as “unconstitutional, illegal, vexatious, barbaric, obnoxious, immoral and repugnant to the dictates of civil order,” and three of them headed for court by filing a matter of fundamental rights (Enforcement Procedure).
They sought for an order of mandatory injunction compelling the respondents to return forthwith the corpse of the late monarch to the custody of the applicants at the applicants’ family home.
The applicants also sought an order directing the respondents to pay N50billion being damages to the applicants for the infringement of the fundamental and constitutional rights of the applicants and the late monarch.
So, it was a great relief to the Ogun monarchs and their families when Governor Dapo Abiodun on Monday, signed the bill into law, which now allows families to determine how monarchs are buried in the state.
The new law
Our correspondent recalls that the bill was first presented at the legislature in the early months of 2020 and it scaled through the second reading on March 3, 2020.
Marked, “State Traditional Rulers (Installation and Burial Rites) Bill 2020,” the bill sponsored by the Chairman, House Committee on Local Government and Chieftaincy Affairs, Akeem Balogun, sought to make “a law to provide for the Preservation, Protection and Exercise by Traditional Rulers of their fundamental rights to be installed and buried according to their religions or beliefs and for other related matters.”
The bill was initiated by the Awujale and paramount ruler of Ijebuland, Oba Sikiru Adetona, during his tenure as the chairman of the state traditional council. The bill enjoyed the overwhelming support of monarchs in the state, especially paramount rulers and first class monarchs.
But the proposed legal framework was met with stiff resistance by the traditionalists. The legislature had in June 2020 fixed the bill for a public hearing, but it was later suspended indefinitely following the controversy.
However, more than a year after the delay, the proposed legal framework bounced back in July 2021 with slight modification to its title.
The bill was renamed, “H.B. No. 069/ OG/ 2021- Obas, Chiefs, Council of Obas and Traditional Council Law of Ogun State, 2021- A bill for a law to provide for an approved method for the selection, appointment and recognition of Obas, Chiefs and Traditional Council in Ogun State and for purposes incidental and supplementary to them.”
Despite the adjustment, the bill generated huge controversies and resistance from the traditionalists and cultural enthusiasts.
Its intent is “respect for human dignity and promotion of modernity in the installation and burial of traditional rulers.” It is also expected “to curb idolatry practises in the process of installing and burying traditional rulers.”
Traditionalists vehemently rejected the bill, saying its intent would erode the culture of the Yoruba. But the Muslim community described it as a “welcome development.”
During the public hearing on the bill, there was chaos at the Ogun State House of Assembly when traditional worshippers stormed the complex over the controversial bill. Members of the Osugbo cult, fully clad in their ritual gear, arrived at the assembly in a procession. The Speaker, Olakunle Oluomo, presided over the session.
However, despite stiff resistance from the traditional worshippers, the assembly ‘silently’ passed the bill on December 23 and hurriedly forwarded it to Governor Dapo Abiodun for his assent.
Abiodun, joined by Speaker Olakunle Oluomo; the Chairman of Ogun State Traditional Council and Akarigbo of Remo, Oba Babatunde Ajayi; the Awujale of Ijebuland, Oba Sikiru Adetona; the Olu of Ilaro, Oba Kehinde Olugbenle, and the state’s Attorney General and Commissioner for Justice, Oluwasina Ogungbade, signed the bill into law.
In his address, Abiodun said the new law empowers the families to determine how remains of monarchs would be buried.
“I believe that one of the unique things about this law besides the fact that it is set out to improve the method for the selection of Obas and Chiefs is the clarity that this law provides as it relates to the passage of our Kabiyesi.
“This law seeks to improve on the previous existing Western Nigeria laws on where there had been ambiguity as it relates to how our kabiyesi (kings) will be buried. It states emphatically that the families of the respective Obas (kings) should have a say on how they are buried henceforth. It now allows the families to determine how our Obas will be interred and, of course, without prejudice to the traditional rites that are meant to be performed by the customary laws. Going forward, the families now have a say on how our royal fathers should be buried,” he said.
Responding, the Awujale said Abiodun’s reelection had been “guaranteed” with the signing of the bill.
The 87-year-old monarch revealed that both Muslims and Christians “are grateful to him for signing the bill.”
In his remarks, the speaker admitted that the bill passed through “the toughest proceedings in the history of the House as it generated a lot of issues from members of the public.”
The commissioner for justice said the law, which is the first in the southwest, was put in place to further make the traditional rulers contribute more to the development of the state, expressing the hope that it would be a template for other states to copy.
On his part, the Olu of Ilaro said the new law indicated a “shift from dark days” and urged other South West states to emulate it.
Traditionalists vow to challenge law in court
Speaking with newsmen in Abeokuta on Tuesday, the Oluwo of Iperu and Vice Chairman of Osugbo Remo Parapo, High Chief Ifasola Opeodu, threatened to challenge the law before a competent court.
He argued that Obaship is not by force, and on no account should either a Christian or a Muslim bury an Oba.
“We are challenging the implementation in court. We are going to ask the court to restrict them from implementing the law and the court will decide.
“The first ground is that a dead man has no right under the law. Anybody that is dead has lost all the rights that he has.
“The right of Obas that they are claiming that we are violating is not right because a dead man has no right again under the law.
“Secondly, what we are saying is that the Obaship institution is optional…
“We are not saying that they should not bury Obas, but it should not be Christians or Muslims that will bury the Obas.”
It’s purely lack of knowledge – Peter Fatomilola
An Ifa priest and ace actor, Peter Fatomilola told Daily Trust on Sunday that once people accept to be monarchs, “if they die, they are going to be buried according to traditions; tradition is tradition, religion apart. Religion cannot change our tradition or our culture.”
He attributed the clash between tradition and religion to a lack of knowledge.
“Even Jesus Christ said it in the Bible that ‘my people perish because they lack knowledge.’ I will advise the religious leaders to cool down and study the situation and the traditionalist, I will advise them to take it easy and study the situation and meet where peace will reign.
“Anybody that is aspiring to become a monarch must know that when he gets there, you are going to obey the tradition, the condition of our people, you forget your religious background and follow the tradition; you can’t have your cake and eat it.”
The Law not to erode Yoruba culture tradition – Ogun Govt
Shedding light on the law, the Commissioner for Local Government and Chieftaincy Affairs, Afolabi Afuape, said that the law is not set out to erode customs and tradition of the land, but rather meant to correct some anomalies that are not in tune with time.
Afuape said the law does not in any way stop traditional rites activities performed when a monarch is to be installed or has passed on, but only seeks an opportunity for family members to have a say in the way the corpse would be buried as they so desired.
“The corpse belongs to the family even after traditional burial rites have been done, our customs and traditions cannot be pushed aside. But at the same time, every citizen including an Oba has fundamental human rights granted under the Nigerian constitution and no other law supersedes the Federal Republic of Nigeria Constitution,” he said.
