Wednesday 10 June 2015

The Inter-play between Law and Politics in the Pre-Colonial Igbo Society



INTRODUCTION
Pre-colonial 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. Well 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, agesets 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.
Using the Igbo traditional political system in Nigeria as a case, the thrust of this study is to discuss the inter-play between politics and law. How the law prevalent at that period was the outcome of the political activities and how the political activities are defined by the law.
CONCEPTUAL CLARIFICATION
The concepts Politics and Law will be defined in this work
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
Although the origin of Igbo people is traceable to different places including Israel and Egypt, there seems to be a consensus that they first came in contact with the Bini and Igala kingdoms. The Igbo live in what is now called the South East geo-political zone and parts of Rivers and Delta states of Nigeria. In general, the Igbo had no central political institution nor traditional political authority in pre-colonial times. There were, however, a few traditional institutions in the fringe Igbo areas such as Ontisha and Asaba. In spite of the absence of a central government among the Igbo in pre-colonial Nigeria, yet political stability in the area was maintained through a network of kinship groups, age sets and secret societies, which performed the functions of the central government in one way or the other. The Igbo society was a segmentary with various social units based on kinship with the nuclear family being the smallest unit and followed by the extended family, the lineage and the village made up of a number of lineages which claimed common ancestry for the constituent lineages. The clan which was the highest social or political unit was composed of a number of villages which also claimed common ancestry. In fact, the political organisation was based on these social units.(Ngu, 2003)
Therefore, the village made up of Kindreds is the basic unit of political organization. There are two main groups or institutions that made up of the village government. These are the Council of Elders (Ama-ala) made up of heads of families who held staff of authority called Ofo and the Village Assembly made up of all grown-up male members of the village (Ohanaeze). The President or Chairman of the Council of Elders was the holder of the big Ofo who usually came from the family known to be the senior family in the village or the eldest man among the kindreds that form the village. This so called president had no authority with which to enforce decisions reached at the council and meetings except by persuasion. Decisions that are reached merely on the basis of consensus were taken back to the respective families for ratification or rejection. The council handled matters regarding tradition, custom and ritual while matters which affected the life of the villagers were referred to the Village Assembly. (Johnson, 1991)
The Village Assembly that looked like the direct democracy practiced in ancient Greece did not meet regularly. The assembly which was made up of every grown-up male, every member available at a meeting had a right to air his views on any matter under discussion and decisions are reached through consensus not by voting. Another group that wielded some degree of moral and political power was the Ozo title- holders. This title that was given to rich people because of heavy spendings and the expensive ceremonies involved, attracted respect and conferred political and moral powers on its holders on account of their wealth. Also, 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: 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: In the Igbo traditional political system, the functions of government were performed by any one or a combination of two or more of political institutions, roles were not assigned to any specialized political institutions but an array of institutions including the family heads, council of elders, the village assembly, the diviner, the priest of the village god, the Ozo title holders and the age grades carried out legislative, executive and judicial functions;
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: there was no formal courts in the mould of the alkali courts of the Fulani emirates yet there were institutional mechanisms for the administration of justice. The following institutions were involved in rule adjudication; Family heads who settled disputes within the families; Council of Elders which handled serious cases; Priest of the village gods who handled offences against the supernatural especially in cases like murder, etc.; the Diviner; Age groups.(Akindabe, 2008)
Type of Government: The Igbo political system operated a democratic and republican system of government. The administration was therefore based on the principle of village democracy, the Village Assembly that looked like the direct democracy practiced in ancient Greece did not meet regularly. The assembly which was made up of every grown-up male, every member available at a meeting had a right to air his views on any matter under discussion and decisions are reached through consensus not by voting. (Johnson, 1991)
System of Law: In the Igbo political system there was no recognized system of law. There was no formal rules but the pronouncements of the ruler or relevant institution had the force of the law. Such institutions includes; the Council of Elders, the Village Assembly and the Diviner.(Akindabe, 2008)
Law Enforcement: Law was enforced through some political institutions. The age groups helped in law enforcement in the Igbo political system. They were also mobilized for wars against neighbouring communities.(Akindabe, 2008)
CONCLUSION
The Igbo pre-colonial society possessed all the key attributes of a modern political system. Although there was no elaborate legislative, executive, judicial and bureaucratic institutions, but institutions were still present to main law and order and adjudicate in disputes. The mode of governance was not embodied in a written document while the machinery of government do not intrude into the private realms of individuals and groups. Instead the Igbo society lived by unwritten constitution, based on customs and conventions.
The major feature of traditional Igbo society was decentralization of governance and authority. The African form of democracy- “communocracy” which is based on consensus is close to what some post-independence African leaders now call democratic centralism. The fundamental principles of pre-colonial Africa Include: curbing concentration of power in an institution or persons; averting the emergence of a rigid hierarchy (devolution of power); avoiding the settlement of disputes through adversarial procedures.
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.


1 comment: