INTRODUCTION
As
widely argued before colonialism, the African societies had a rich tradition of
political, economic and social institutions that dealt with the allocation of
resources, law-making and social control. Traditional institutions, which are
still in operation in rural Africa are complex and vary from place to place.
Therefore, before the advent of colonialism some parts of Africa had developed
centralized systems of governance with chiefs and kings often times the power
of these rulers were restricted by various arrangements, including the
institution of councils. In other cases, such as Abyssinia and Rwanda, the
rulers enjoyed more absolute power. In most of Africa, however, political tasks
such as social control were not carried out solely by the state. Some of them
were assigned to other organisations, based on other organizational principles,
particularly to families, village communities, age sets and religious
congregations. One of the characteristic that is commonly found among many of
the decentralized African traditional institutions of governance is the
consensual nature of decision making in the areas of resource allocation and
law-making. The Igbo’s however operated a decentralized political system. Many
institutions were put in place and political authority was shared among them.
For example, the Ofo title holders [council of elders}, Ozo title holders, age
grades etc were all involved in the power –sharing exercises. No wonder the ‘’acephalous ‘’was ascribed to
the political organization of the Igbo political system {Dibie 1999}. Therefore, using the Igbo traditional system
we clearly see the inter-play of politics and law, the structure of the Igbo
political system.
CONCEPTUAL
CLARIFICATION
In
the context of this work some terms will be defined.
Politics
Harold
Lasswell defined Politics “as governmental determination of who gets what, when
and how”.
David
Easton’s definition of politics “the authoritative allocation of values for
society”.
Hans
Morgenthau defined it as “the struggle for power”
The
essence of such a society is that a group of people called the government are
clothed with authority to make laws and enforce them; they claim obedience from
the members of the society whom they govern. (Appadorai, 1968)
Law
According
to Pound “the body of principles recognized or enforced by public and regular
tribunals in the administration of justice”.
According
to Green “the system of rights and obligations which the state enforces”.
According
to Salmond “the body of principles recognized and applied by the state in the
administration of justice”. (Appadorai, 1968)
A BACKGROUND OF THE
IGBO ETHNIC GROUP
The
Igbo appear to have settled in their present area thousands of years ago
possibly from Egypt/Sudan. The origin of the Igbo people is still a subject of
speculation and debate. To give some directions in the issue, we must look at
Nigeria's oldest Kingdom, the Nri Kingdom as well as oral tradition (through
sometimes fragmentary) and genetics and linguistics. Contemporary views in Igbo
scholarship dismiss completely earlier claims of Jewish or Egyptian origin that
is, "the Hamitic hypothesis “as "the oriental mirage." Instead,
there are two current opinions as a result of evidence derived from several
sources that take into account oral history, archaeology, linguistics, and art
history. The Igbo, sometimes (especially formerly) referred to as the Ibo/Ebo,
are an ethnic group in West Africa numbering in the tens of millions. Most Igbo
people live in south-eastern Nigeria, which is one of the largest of the
Nigeria's population they can also be found in significant numbers in
neighbouring Cameroon and other African countries as well as in other countries
outside of Africa. Their language is the Igbo language. The Igbo in Nigeria are
found in Abia, Anambra, Ebonyi, Enugu and Imo, as well as in Delta and Rivers
States. The Igbo language is predominant throughout this area, although English
(the national language) is also spoken. Prominent towns in Igbo country include
Aba, Abiriba, Awka, Abba, Nigeria, Owerri, Orlu, Nnewi, Mbaise, Nsukka, Enugu,
Onitsha, Afikpo, Okigwe, Umuahia, Asaba, Ohafia, Arochukwu,Ngwo, Mbaitoli,
Ikeduru and Ihiala amongst others.
The
Igbo believe in principal spirits of the sun (Anyanwu), the sky (Igwekaala) and
thunder and lightning (Amadioha). There are numerous other deities related to
rivers and streams, forests and sacred woods, agriculture, the days of the
calendar which is structured around major and minor market days, the
professions, and so on. Another principal Igbo deity is Njoku or Ajoku,
guardian deity of the yam which in previous times was the major staple crop of
the Igbo. In parts of Igbo land there are annual rituals in honor of the yam
deity known as Ifejioku, and in other parts children who were dedicated to the
service of the deity were named Njoku. As adults such children were expected to
become prosperous yam farmers which made them into nobility. Among the Igbo
each major deity has a priest in every town that honors it, and the priest is
assisted by a group of acolytes and devotees. (Johnson, 1991)
As
a result of the Igbo belief in super-natural powers, life after death and in
spirits, oracles, juju priests and diviners influenced people’s moral and
social behaviour by their sanctions judgements and predictions. Age grades also
played very useful political role in the Igbo pre-colonial administration. (Johnson,
1991)
POLITICAL INSTITUTIONS
OF THE IGBO
The Family:
the family was the basic unit of social organisation and administration among
the Igbo during the pre-colonial period. Since age and sex influenced one’s
position and role in Igbo society, the Igbo family was (and still is)
patrilineal (a family relationship which is reckoned through the father or
through the male alone). At the extended family, level, there was some kind of
government with the head of the senior household called the “Okpara” at the
center of administration. Although the “Okpara or elders played prominent roles
in the administration of the society, they did not rule or administer the
society alone. All decisions were in consultation with the various heads of the
families. The Okpara who represented the unit with other extended family units also
offered sacrifice on behalf of his extended family and ensured that things went
well. He was also the keeper of the extended family’s Ofo which was the Igbo’s
symbol of authority, good conduct, justice and link between the dead and the
living. Matters which could not be settled by the Okpara at the extended family
level which affected the whole lineage went to the head of the senior extended
family or sub lineage or the assembly of the unit which was usually composed of
adult male members and some cases with some prominent women.(Akindabe, 2008)
The Lineage Assembly: The
lineage assembly was subordinate to the Village Assembly or Clan Assembly or
Village group which was the highest level of political organisation. The
assembly itself has an inner caucus or council which comprised of lineage heads
called the “Ama-Ala or “Ndi Isi Ofo or the “council of elders” which usually
met to resolve issues that could not be resolved by the Assembly and except in
cases of emergencies, only representatives of the constituent villages attended
the meetings in full consultations with their respective village members and
decisions taken at such meetings were binding on all villages.(Akindabe, 2008)
Village Assembly: Another
important political institution was the village assembly. The assembly which
was the highest level of political organisation, made up of all adult male
members of the village who participated fully in all village assembly debates
or proceedings. The body could discuss any matter affecting the village and
could summon the Council of Elders on any matter that was of interest to the
people. There was freedom of expression at village meetings and final decisions
must be unanimous. The assembly could bring the village to a halt if the Council
of Elders was recalcitrant.(Akindabe, 2008)
The
assembly more or less served as a check against the excesses of the Council of
Elders. This demonstrated the democratic nature of the Igbo traditional
political system. (Johnson, 1991)
Priest of the Village
God: Each village had its own god and the god
had a priest. The village priest was a traditional but significant institution.
He interpreted spiritual events, pronounced sanctions on those who offended the
gods and performed rituals. The village priest therefore wielded a great deal
of power in the administration of the village.(Akindabe, 2008)
Ozo Title Holders: There
were many secret societies and cults among the Igbos but there were stringent
conditions for their membership. In the case of the “ozo” title membership was
restricted to people of wealth and influence in the society. Though they were
not traditional rulers, ozo titleholders played important roles in the
administration of the village. They offered advice to the elders, settled
family disputes and assisted in settling inter-village conflicts. The enormous
powers conferred on Ozo titleholders whose only claim to the pre-eminent
position was wealth indicated the importance attached to material success in
the Igbo society.
Age Groups: The
age groups or age grades played important roles in the Igbo traditional
political system. An age group comprised all the male children who did their
initiation around the same time. Being generally young, they provided free
labour for the construction of public projects such as roads and markets,
enforced decisions of the Council of Elders and served as the police and
military force of the community. Besides, the age groups settled disputes among
themselves, checked the behaviour of one another and summoned the family heads
for important meetings.(Akindabe, 2008)
THE INTER-PLAY BETWEEN
LAW AND POLITICS IN THE PRE-COLONIAL IGBO SOCIETY
Is
law a creature of the political order? Does law also structure politics? What
are then the relations between politics and law in the pre-colonial Igbo
society?
The
existence of a legal system causally depends upon political acceptance of a
rule of recognition. It is logically inconceivable for a legal system to exist
without an ultimate rule of recognition which is defined as one accepted by
officials.
Effectiveness
is a necessary condition for law. Effectiveness depends on a political order,
which implies political agreement on the structure of the order. While the
political order must be effective for the legal order to exist, it is the basic
norm which provides a normative character to the political system.
The
inter-play between politics and Law in the pre-colonial Igbo society could be
seen in the various ways below;
Existence of a
Decentralized Government: It should be noted that
the idea of kingship was not universal in pre-colonial Igbo nation. Igbo’s
never had a centralized government in the form of a king with a consolidated
power, but they were law-abiding people long before the advent and spread of
European influence. They had well-established norms of conduct and maintained
numerous institutions for the express purpose of ensuring that laws were
observed and that order and harmony were maintained. Infringement of laws was dealt with by the
Oha, under the direction of the elders, and this was the key to the success of
the Igbos’ unique system of government.
The
Igbo communities which had kings, e.g Onitsha and Oguta, were actually groups
who migrated from other places and settled among the Igbo. The Onitsha Igbo for
example still trace their origin from the ancient kingdom of Benin. These
resettled Igbo had their cultures which in no way serve as a source for tracing
Igbo history. Even among the Onitsha or Oguta Igbo, the father in a household
up to the present still holds authority of first disciplinary instance, and the
kings never settled private matters. Similarly, the Nri migrated from
Aguleri/Umuleri communities. Although its agents exercised religious functions
of earth cleansing and sacrificial offering in cases of abominations among some
Igbo, this role was exercised for a fee, and as migrants, they never wielded
political authority over any Igbo group.
The
Igbo society was a segmentary or stateless society. Like other stateless
African societies such as the Nuer of Sudan, the Fang of Gabon, the Kikuyu of
Kenya and the Bemba of the Central African Republic, the Igbo had no central
political institution. Many accounts of Igbo society have described it as
prototypical ‘stateless,’ ‘acephalous,’ or ‘segmentary,’ consisting of autonomous
villages and village groups (obodo, ‘town’) ruled by ‘diffused’ authority
without formalised, permanent, or hereditary leadership positions. (Akindabe,
2008)
Performance of Governmental Functions: The
law of the land in the Igbo pre-colonial system was as important as fuel to a
vehicle, because in the Igbo pre-colonial system they have to central
government, but still yet the system was still been manage this was because the
Igbo people strongly believes in the law of the law and abode by it. The Igbo’s are a segmentary and
fragmentary people, because unlike other ethnic groups in Nigeria, they did not
build any strong centralized state.
They were simply regarded as a Chief
less people. The law made it in such a way that the village was the centre of
government were final decisions were taken by Elders from every family in a
form of Gerontocracy. All lineage including Males and Females adults in
the village also participated in its political process. The age grade and
titled societies where the major instrument of government.
Legislative Function:
there was no legislature as such, but laws were made all the same. The
following institutions took part in the law making process directly or
indirectly, they include; the council of elders, the Village Assembly (it made laws
especially during the second burial ceremonies), the Diviner (he handed down
supernatural laws).
Executive Function:
the principle instrument for village administration was the Council of Elders.
Other institutions which assisted in managing the affairs of the village
include the following; Family Heads, Age Groups.
Judicial Function:
The judicial system of handling cases in pre-colonial Igbo land was
informal. The “court of original
jurisdiction” was the “court of the father (husband) of a household”. Justice was primarily a family affair. The deviant acts of his wife or wives and
children were dealt with exclusively by him.
If the rule violation was a victimization of any member of his family,
he would convene a “court” hearing composed of his wives, older sons and
daughters who would be there only to listen and witness his judgment aimed at
specific and general deterrence. The
facts of the matter would be laid down.
The accused may call a witness or witnesses from within or outside the
immediate family. If he was found guilty
of the offense, he was punished, most of the time, by corporal punishment or
denial of a meal, a knock on the head or a slap on one cheek, depending on
seriousness of the offense. In cases of
repeat persistence in serious offending, an overbearing father may rub some hot
pepper by the eyes of the offender. The authority of the father was not
questioned by anybody in his family, as patriarchy and patrilineal formed the
order of authority and inheritance.
The
second level of “court” was the council of elders in the village. Each village was made up of people who were
united by ties of consanguinity. The
cases that reach the village or community council were inter-family civil or
criminal victimizations. Civil matters
were settled amicably, but criminal victimization had double-barreled
penalty. The convicted offender had to
pay back whatever he took away from the victim by restitution or compensation.
For very serious offenses like burglary or robbery, the guilty offender had to
be shamed before the community in the village market square by stripping him or
her stark-naked and beating him/her as they parade him/her around the market
square, and then leave him to go home. The trials are held in the village
square, and are open to all members of the community who wishes to attend
including children.
In
cases of abominable hateful offenses like murder, an offender and his family
may be permanently expelled from the community. If the offense is manslaughter;
an unintentional murder, the resultant penalty would differ. The guilty person
and all his family are required to go on exile for a given number of years
after which they would be reconciled with the community. In either case, the
offender’s home and all property are razed to the ground by the younger age
grades in an effort to assuage the anger of the earth god against shedding the
innocent blood of a kinsman.
The
first “court of appeal” in pre-colonial Igbo judicial system was the
diviner. He was consulted when there
were doubts about the identity of the offender.
The council of elders could submit suspects to the diviner. The diviner, after some incantations, would
tell his consultants the person who committed the offense. The elders would take the offender home and
apply an appropriate punishment. Some
diviners could use trial by ordeal to reach their conclusions.
The
highest “court of appeal” in Igbo judicial system, in pre-colonial times, was
the “oracle” (Uchendu, 1965). The most
famous oracles in traditional Igbo land were the Agbala of Awka, the
Igwe-ka-Ala of Umunoha, the Kamalu of Ozuzu, the Ibini ukpabe of Aro-Chukwu
(the “Long Juju”), the Mkpokiti abirikete of Umunze, and the Haba of
Agulu. The common characteristics of the
oracles and their operations were shrouded in a strict code of secrecy and an
institutionalized intelligence service.
They were consulted from far and wide throughout Igbo land. The oracle was believed to be a lesser god
with supernatural powers and was capable of connecting with the transcendental
realm to get answers to questions of its consultants. Its verdict, in all cases, was not
questioned. The oracle’s consultants
could be two individuals in a conflict.
They could decide to ignore the decision of a council of elders and
consult the oracle. Sometimes a council
of elders could recommend that an oracle be consulted and decide which oracle
should be consulted. From the Igbo
pre-colonial times to 1902 when it was destroyed by the British forces in the
now infamous Aro Expedition of 1901-1902 (Ikime, 1977), the Ibini ukpabe of Aro
Chukwu – the “Long Juju”, was the most famous of all Igbo oracles. Similarly, all of the oracles were driven
into obsolescence either by colonial conquest or Christianity and colonial laws
of the early 1900s.
Republicanism and the
Absence of Monarchical or Central Political Structures:
The law of the land in the pre-colonial system made it possible for the
practice of republicanism and the absence of monarchical or central political structures
among them as a group. Igbo contempt for monarchies is conspicuously embedded
in the popular saying and common name, Igboamaeze; the Igbo recognize no kings.
This is so because the Igbo believe that there is a king in every man, in other
words that each person is a king unto themselves and master of their own
affairs and the law made it possible that it was base on the hereditary i.e. as
the eldest son of the family. Each Igbo community or clan is organized around
age groups, social organizations, the revered and accomplished and family heads
with a special place for the priest. Deference is paid to the eldest man in the
clan, but each grown man has a say in the affairs of the community. Issues that
affect the clan are publicly tabled and discussed and the opinion of each grown
man is taken into consideration in order to reach consensus. Affairs that
particularly affect women are discussed in women groups and accordingly decided
and settled. In every community, the daughters of the clan or Umuada (also
known as Umumgboto) occupy a particularly powerful place and could return from
their different places of marriage to exercise the breaking vote in matters of
grave consequence to the community. Individuals are accorded special rights in
their maternal clan and may return to their mother's home town when threatened
or banished from their own home towns.
Quasi-Democratic Republican System of Government: The law of the land have made the Traditional
Igbo political organization to be based on a quasi-democratic republican
system of government. In tight knit communities, this system guaranteed its
citizens equality, as opposed to a feudalist system with a king ruling over
subjects. This government system was witnessed by the Portuguese
who first arrived and met with the Igbo people in the 15th century. With the
exception of a few notable Igbo towns such as Onitsha,
which had kings called Obi,
and places like the Nri Kingdom
and Arochukwu,
which had priest
kings; Igbo communities and area governments were overwhelmingly ruled solely
by a republican consultative assembly of the common people. Communities were usually
governed and administered by a council of elders.
Created Classes And Disposal System Disposal
Mechanisms:
In principle, the law and norms of the land in the pre-colonial Igbo land made
way for three classes of people – the Freeborns (Nwa-afo or Diala), the Slaves
(Ohu), and the Outcastes or ritual Slaves (Osu). Also the concept of crime was not
applied. Instead, there were two types
of offenses: abominations (public offenses), otherwise called aru, or something
the Earth abhors, and delicts called mmehie (private offenses). The law also made people who committed an
abomination such as the murder of one’s parents, brother, sister or kinsman;
incest, a son having sexual coitus with one’s sister or one of his father’s
wives when his father is still alive; killing or eating a domestic animal
dedicated to the gods; or any other offense against the gods, may be dedicated
to the shrine of a god, and they became osu (outcasts or untouchables). With some other Igbo groups, people fleeing
persecution may take asylum by pledging their servitude to oracles, thereby,
voluntarily inheriting the ritual slave status (osu) in exchange for “safety.”
Mmehie offenses such as burglary, robbery, stealing, etc., were disposed of,
not by imprisonment, but by shaming, restitution, a fine, compensation, a
communion feast, or sale into slavery (for a persistent recalcitrant).
The Law Did Not Provide
For Any System Of Imprisonment: When an abomination was committed, the
sending of the offender to a perpetual exile may be accompanied with dedicating
him or her to a god. Where an offense
such as murder was inadvertently committed, an offender is sent to exile for a
given length of time (Achebe, 1959). The length of time varies among different
Igbo groups. The whole community shared a sense of guilt for his crime, which
must be sanctified. The entire community
had to offer a communal sacrifice to propitiate the gods, so that the anger of
the gods would not fall upon the entire community.
The Igbo Religion And
Law Are Intertwined: there were pieces of
lands, rivers, trees, forests, and some week days that were defined as
sacred. For the sacred pieces of land,
there are days of the week that nobody should farm or work on them. It was a taboo for anyone to catch and eat
fish from a sacred river. It was
forbidden for anybody to cut down a sacred tree such as uboldia (umune or
ogirishi) among some Igbo. Sacred
forests and caves were the location of the Holy Shrine of the People, the home
of their god. Only the priest or
priestess consecrated to the Holy Shrine was allowed to enter the forest or
caves, which was where he/she lives. Any
special prayer or sacrifice to the gods through the Holy Shrine must be made
through the priest or priestess who was dedicated to the god of the Holy
Shrine.
The Law Of The
Land Provided Punishment For Defaulters:
Most communities had certain days, in the four-day Igbo week, when nobody was
allowed to work on a particular piece of land.
If anybody violated any of the above sacred rules, he or she must
provide a fowl, sheep, goat, ram, or cow, kolanut, and other items to the
community to offer a sacrifice to the desecrated or violated entity to appease
the gods. The sacrifice could be
accompanied by reprimand and other sanctions.
Any refusal by the offender to provide the sacrificial items could lead
to his total excommunication from the community, which was the severest
punishment. A person excommunicated in
pre-colonial Igbo land was lost in a crowd, because if his/her fire went out in
his/her kitchen, he/she wouldn’t go to his/her neighbours to get another. It is
also believed that in death, he would neither be able to transmigrate nor
reincarnate. In fact, it is the fear of
communal sanction, the thought of non-reincarnation, and no transmigration
after death which keeps members behavior in check.
Offender Disposal: Unlike
the Hausa pre colonial system ,that which their punishment include cutting off the hand or the head of the offenders which is gotten from the Sharia law book which is
an imported law from other Muslim society outside Nigeria . The Igbo pre
colonial system because of the source of their law, the types of punishment
meted to offenders was unique in pre-colonial Igbo justice system. The goal of punishment was reintegration of
the offender into the consanguineous collectivity for as long as the offense
was not an abomination. Thus, the pre-colonial Igbo system of offender disposal
is aimed at tertiary prevention which involved incapacitation of the offender
by excommunication, expulsion from the community, and public ridicule or
shaming of the offender, which is effective in both specific and general
deterrence. The reconciliatory justice and offender disposal system also aims
at assuaging pent-up animosity, separating combatants, and allowing enough time
to calm agitated tempers (Jell-Bahlsen, 1988; Ebbe, 2003b).
How Crime was Prevented In The Igbo Pre-Colonial System
Using The Instrument Of law and culture of the Igbo people
From
birth, the Igbo’s begin to teach their children the dos and don’ts in Igbo
land; the taboos, abominations, sacred and profane, sacrilege, and the
importance of honour and dignity, respect for elders, women and older siblings.
Throughout the Igbo communities, social
control was informal but efficient.
There was no central government to provide for police SO There was no
formalized police system in modern sense of the words.
In
pre-colonial Igbo land, every head of a household provided physical security
for all members of the household through environmental designs in form of
architectural design of residences, wooden fence barriers and masonry barriers
(walls of mud, bricks or stones). The
fences or masonry walls could be circular or rectangular surrounding all
residential and non-residential buildings in the compound (Ebbe, 2003b). There was usually only one major door or gate
for exit and entrance to the compound.
CONCLUSION
The
law of the land in the Igbo pre-colonial system was as important as a fuel to a
vehicle, because in the Igbo pre-colonial system they have no central
government, but still the system was still been managed; this was because the
Igbo people strongly believes in the law and abode by it. Also the Igbo pre-colonial system was so
unique that the power started from the grass root level that is the family.
There was no such central power, that was bestowed on the Caliphate, emir,
sultan and Alafin found in the Hausa/ Fulani or the Yoruba pre colonial system.
This central system helps them to manipulate the law or had the power to make
law for the entire society. But in the Igbo system the people believed in their
culture and respected their family head and clans. This is because The
strongly Igbo believe in principal spirits of the sun
(Anyanwu), the sky (Igwekaala) and thunder and lightning (Amadioha) and they
try to pass this to their generation.
REFERENCES
Akinbadade,
J.A. (2008) Government Explained (Plus
Questions and Answers),
Lagos; Macak Books Ventures.
Appadorai,
A. (1968) The Substance of Politics,
New Delhi; Oxford University
Press.
Johnson,
U.A (1991) Comprehensive Government for
Senior Secondary Schools,
Lagos;
Johnson Publishers Ltd.
Ngu,
S.M. (2003) Political and Administrative
Development in some selected
Anglophone African States,
Zaria; Ahamadu Bello University Press.
Achebe, C. 1959. Things Fall Apart. New York:
Ballantine Books.
Jell-Bahlsen, Sabine, 1988. A Murder Case: Igbo Conflict Settlement."
Dialectical Anthropology 12: 359 366.
Nzimiro,
Ikenna. 1972. Studies in Ibo Political
Systems: Chieftaincy and Politics in Four Niger States, Berkeley, UCAl
Press.
Uchendu,
V.C. 1963. Status and Hierarchy Among the
Southeastern Igbo. Unpublished Master’s Thesis. Northwestern University,
Evanston, Ill.
Ikime, Obaro. 1977. The Fall of Nigeria: The British Conquest. London: Heinemann
Hahn-Waanders, Hanny 1990. Eze
Institution in Igboland. Nimo, Nigeria, Asele Institute.
Ebbe Obi N. I.
(2012) Social Control In Precolonial
Igboland Of Nigeria, University of Tennessee at Chattanooga
Njaka
O.A. 1974 Niger Ibos: A Description of
the Primitive Life. Customs and
Animistic Beliefs etc. of the Ibo People of Nigeria. 2d ed. New York: Barnes and Noble.
thank you so much
ReplyDeleteThe analysis is succint and aptly written
ReplyDeleteExcellent