De Wit, B (2020), Strategy, An International Perspective; 7th edition, Cengage Learning EMEA, Andover, Hampshire

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:

1. 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.
2. 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.
3. Community participation: The traditional justice system involves the participation of the entire community in the dispute resolution process.
4. 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:

1. 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.
2. 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.
3. 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.
4. 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.

Stakeholder as one who is involved in or affected by a course of action. Patients are part of the stakeholder group that both pays for our health care system and are the end-user of it. The interests of health care organizations, medical professionals and other health care providers are represented through various government bodies, professional organizations and labour unions.

We must try and understand quality considering the perspectives of staff and also perspectives of those who use services. Quality might have the same outcome but opinions of the health and social care staff and the patients might be quite different.

In simple terms, quality is fitness for purpose. Quality is about meeting the service users’ requirements. If quality is about meeting service users’ requirements, it is important to discover what these requirements are. If we provide services with extras that service users don’t want, we will not be adding quality.

Stakeholders can be the external agencies eg Care Quality Commission; Supporting People; National Institute for Clinical Excellence; Health Service Commissioners; local authorities; users of services eg direct users of services, families, carers; professionals; managers; support workers.

There are many organisations in the UK known as health and social care regulators. Each organisation oversees one or more of the health and social care professions by regulating individual professionals across the UK. These organisations, also known as regulators, were set up to protect the public so that whenever you see a health or social care professional, whether private or in the NHS, you can be sure they meet the standards set by the relevant regulator.

To practise profession in health and social care, people must be registered with the relevant regulator. If they are not registered and still practise, then they are breaking the law and they may be prosecuted. These registers are made up of only those professionals who have demonstrated that they have met the standards set.

These registers are open to the public. So if you want to check your professional is registered, you can do this either online or by calling the relevant organisation.

In health and social care, professionals, clinicians and others, whose work is informed by traditional bodies of knowledge, are increasingly aware of the need for continuous personal development. High- quality services cannot be sustained unless health and care staff are consistently engaged in learning, individually and together.

All care services need to work to standards and have a system for measuring that they are meeting standards. The health care system has audits which check that services meet quality standards, while social services have inspection units which register and inspect services. Standards are influenced by laws, subsequent regulations, codes of conduct and values.

All organisations such as homes, day centres or community services, need a system to monitor how effectively services are being delivered and whether service users’ are having their needs met. Organisations may have their own quality monitoring systems. At a local level, quality assurance groups may seek to clarify, prioritise or set standards.

Different parts of the system and external agencies need to work together, as part of a culture of open and honest cooperation, to identify potential or actual serious quality failures and take corrective action in the interests of protecting patients.