Prioritise human rights over tradition, Ogun CJ tells lawyers

The Chief Judge of Ogun State, Justice Mosunmola Dipeolu, on Wednesday urged legal practitioners to prioritise upholding rules of law and protect the people’s fundamental human rights over and above tradition.

Justice Dipeolu, represented by Justice Adetokunbo Jibodu made this call while speaking at the 5th memorial bar lecture organised by the Nigerian Bar Association, Sagamu Branch in honour of late Attorney General and Minister of Justice, Chief Kehinde Sofola who died in 2007.

The Chief Judge who chaired the occasion said that 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 helps to address the core issues of social cohesiveness, cultural identity and fundamental rights of the people of the state.

He said that the theme of the annual lecture also bring to bear the the intricate intersection of law, tradition, community stability and individual liberty.

He added that the objectives of these laws are commendable as they help to preserve culture and tradition, promote order and legitimacy by establishing explicit protocols for ascending to traditional stools assuring legitimacy and avoiding turmoil among others.

Dipeolu stated that despite the legislative framework, chieftaincy disputes remain significant challenge in the state as in many parts of Nigeria, while the issue of fundamental rights to religious freedom with regard to the traditional institution also remain a struggle

He stated, “Traditional rulership continues to be an important part of Ogun State’s sociocultural and governmental landscape.

“Though the Obas and Chiefs Law provides a necessary structure, successful conflict resolution which is fitting with modern realities, particularly the fundamental right to religious freedom, remains a struggle.

“Chieftaincy issues that go unsolved eat away at the fabric of our communities, impeding progress and encouraging divisiveness. Protecting religious freedom in this context is not an attack on tradition; rather, it affirms the constitutional order that supports our democracy, as well as the fundamental dignity of each person.”

In addressing the challenge at hand, Dipeolu urged the legal practitioners to be inspired by the life of late Sofola who exemplified legal expertise, unshakeable principles, and a strong dedication to justice for all.

She stated that “Let us honour his (Sofola’s) memory by committing to the ineticulous application of the law, the pursuit of peaceful and just resolutions to chieftaincy issues, and the strong safeguarding of the fundamental freedoms guaranteed by our Constitution.

“Let us strive for an Ogun State in which our cherished traditional institutions thrive alongside all people’ rights and various beliefs, promoting peace, unity, and long-term development.”

The Chief Judge 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.

She urged that the late jurist towering contribution to legal jurisprudence, mentorship of generations of lawyers and uncompromising stands on national issues during his lifetime should continue to be a source of inspiration to building a much more responsive legal profession.

Welcoming the participants to the annual lecture, the Chairman of NBA, Sagamu Branch, David Efuwape, stated that the choice of the theme of the lecture was to help broaden people’s horizon on the 2021 Obas and Chiefs Law of the state while the outcome of the discussion could be also be the basis for the review of the law.

Efuwape said that his leadership would continue to engender the legal practice that is anchored on promotion of justice, equity, fairness while promoting peace, unity and harmony in the state.

Delivering his keynote address, Justice Phillips Akinside, an High Court judge in the state said that the area which in recent times has generated a lot of controversy and has resulted in litigations all over state is the upgrading of Bales or direct appointment of a Chief by the state executive council to the status of a coronet Oba.

He however said that Coronet obas are minor chiefs without prescribed authority and therefore lack power to install chiefs in their domain.

Speaking on the religious freedom for traditional rulers, Justice Akinside said that “if selection/nomination, appointment and approval of 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 that “The Obas have no right or legal right to change the tradition they have voluntarily came into. Under the 1999 Constitution of Nigeria, a person has the right to practice any religion of his choice.

“He can, being 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 cannot change the goal post in the middle of the match and complain that his right to religious freedom has been infringed. He deemed to have waived such right.”

The judge said that the 2021 Obas and Chiefs Law of the state did not demolish the customs and tradition built around traditional institution but in section 55 (2) clearly stated that “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.”

Justice Akinside said that people must value their culture and tradition and not allow imperialism or colonialism to destroy what is originally African.

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 assembly, Kunle Oluomo.