Introduction
Nigeria has a rich traditional justice system that dates back to pre-colonial times. The traditional justice system is deeply rooted in the cultural values, beliefs, and practices of the Nigerian people. The traditional justice system operates alongside the modern justice system, and in some cases, it is the preferred means of resolving disputes, especially in rural communities. This book will provide an overview of the traditional justice system in Nigeria, including its history, structure, principles, and practices.
History of Traditional Justice System in Nigeria
The traditional justice system in Nigeria predates colonialism and is deeply rooted in the customs, traditions, and beliefs of the various ethnic groups in Nigeria. Prior to the arrival of the British, each ethnic group had its own system of justice, which was administered by traditional rulers, elders, and village councils. These systems of justice were based on the principles of equity, fairness, and justice.
However, with the introduction of British colonial rule, the traditional justice system was undermined and replaced with a western-style justice system. The British colonial government saw the traditional justice system as inferior and barbaric and sought to replace it with a more modern and civilized justice system. This led to the erosion of the traditional justice system, which resulted in a loss of cultural identity and values.
Structure of Traditional Justice System in Nigeria
The traditional justice system in Nigeria is structured around the traditional rulers, elders, and village councils. The traditional rulers are the custodians of the traditional justice system and are responsible for administering justice in their communities. They are assisted by a council of elders, which is made up of respected members of the community who are knowledgeable about the customs, traditions, and values of the community.
The village councils are responsible for resolving disputes and conflicts that arise within the community. They operate on the principle of consensus, where all members of the council must agree on the outcome of the dispute resolution process. The traditional justice system is based on the principle of restorative justice, which seeks to restore the relationship between the parties involved in the dispute.
Principles of Traditional Justice System in Nigeria
The traditional justice system in Nigeria is based on several principles, which include:
- Consensus: The traditional justice system is based on the principle of consensus, where all parties involved in the dispute must agree on the outcome of the dispute resolution process.
- Restorative justice: The traditional justice system is based on the principle of restorative justice, which seeks to restore the relationship between the parties involved in the dispute.
- Community participation: The traditional justice system involves the participation of the entire community in the dispute resolution process.
- Customary law: The traditional justice system is based on customary law, which is the law that is derived from the customs, traditions, and practices of the community.
Practices of Traditional Justice System in Nigeria
The traditional justice system in Nigeria involves several practices, which include:
- Mediation: Mediation is the process of resolving disputes between parties through the intervention of a neutral third party. The mediator is usually a respected member of the community who is knowledgeable about the customs, traditions, and practices of the community.
- Arbitration: Arbitration is the process of resolving disputes between parties through the intervention of an impartial third party. The arbitrator is usually a respected member of the community who is knowledgeable about the customs, traditions, and practices of the community.
- Compensation: Compensation is the process of providing restitution or compensation to the aggrieved party. This is usually in the form of monetary compensation or restitution.
- Apology: Apology is the process of acknowledging wrongdoing and expressing remorse. This is an important part of the restorative justice process, as it helps to restore the relationship between the parties involved in the dispute.