For Ife indigenes, it is back to traditional judicial system

Ooni of Ife, Oba Okunade Sijuwade

DESPITE the advancement recorded in the modern justice delivery system, the people of Ile-Ife still demonstrate more trust in the traditional judiciary than the modern one. Ile-Ife, the source of the Yoruba nation, has a four tier judicial system with its own policemen and judicial officers with the responsibility to dispense justice without fear or favour.

However, unlike the modern judicial system where each tier of the judiciary is autonomous and has distinct premises, all the tiers of the Ile-Ife traditional judicial system operate in the palace of Ooni, the traditional ruler of the town, who is also known as the representative of Oduduwa, the progenitor of the Yoruba race. There is also a fusion of the police and the courts as the traditional policemen report directly to the courts.

The traditional policemen do not have any distinct apparel, unlike the conventional policemen but they have a special hairstyle by which they are recognised; they cut their hair such that one side is higher than the other. This is the symbol of their authority and if they accost anyone or make request of anyone, they are accorded the expected respect. Unlike in the days of yore when the traditional policemen overreached themselves and abused their offices, the policemen of the Ile-Ife traditional judicial system operate within the limits of the law and do nothing to disrupt the system they are expected to uphold.

The first stage is the Abese Court, which is just like the customary court. The court is headed by a chief and every complaint in the town is first registered in the court. Once the court is notified of any complaint, it sends its police officers to the area to investigate the matter after which the parties involved will be invited to the court to state their own sides of the matter. The parties involved in the matter do not engage any lawyer to represent them, they are their own counsel. The parties are, however, free to invite witnesses to strengthen their cases. The court relies on the investigation of its own police as well as the presentations of the parties and their witnesses to arrive at a judgment.

Pictures of the traditional policemen with their peculiar haircut

However, the parties involved in a case can appeal against the judgment of the Abese Court if they are not pleased with such judgment. They can take their case to the High Chiefs Court. This is a court that is made up of some high chiefs in the ancient town. The chiefs are experienced members of the Ile-Ife Traditional Council who are thoroughly committed to the uplift and progress of the town.

On being notified of the complaint of any member of the society, the court invites the leader of the Abese Court to brief it on the development after which the parties involved are invited to make their own presentations. The court considers the merit of the presentations as well as the judgment delivered by the lower court in reaching a decision on the matter. However, the judgment of the High Chiefs Court may not be final as the parties are at liberty to appeal against the judgment if they have any reason to do so. The next appellate court is the Ooni's Court.

As a result of the trust in the system, very few cases get to the ruler of the town, Ooni. Usually, by the time a matter goes through the Abese and High Chiefs courts, it is settled and the parties are willing to comply with the judgment. But if for any reason a party still feels aggrieved, the matter is referred to the Ooni's Court. The Ooni is briefed by the head of the lower court on the findings of the court before the parties are allowed to state their stories. The king relies on the evidence before him in giving his judgment.

Though Ooni is the head of the town, any of his subjects who believes he has been denied justice can seek redress by appealing against the judgment but now to the gods at the Wisdom Temple, a shrine located within the palace. According to Ile-Ife mythology, the shrine is the spot where the man who started blacksmithing was swallowed by the earth and it is believed that anyone who tells a lie at the shrine will die within seven days. According to Ile-Ife people, there are many examples of people who told lies at the shrine but never lived to tell another lie as they paid for the falsehood with their lives. So, anyone who values his life refrains from telling lies at the shrine.

At the shrine, the parties in a dispute are asked to restate their cases after being warned of the consequences of lying. Here, many people who had in the other courts maintained a hard stance in a matter are said to have suddenly melted, breaking down in tears, begging for forgiveness and promising restitution because of the fear of death.

The Olori Abese of the town, Chief Emmanuel Mayowa, hinged the preference of Ile-Ife indigenes for the traditional judicial system on three factors.

“The first reason is that they know that unlike what obtains in the other system, there is no delay here. You know that it may take a case as long as 10 years to go through the Supreme Court but in our system, everything can be done in a month or two. You know it is said that justice delayed is justice denied, by the time you wait for justice for 10 years, so many things will have gone wrong. So, our people have so much trust in the system we run here because they know that justice is never delayed,” he said.

He added that the trust of the people also stemmed from the confidence they had that there could never be a miscarriage of justice in the system.

“Our people are confident that in our judicial system, there can never be a miscarriage of justice. If there are human errors, there can never be divine error. If anyone is able to beguile everyone at the Abese Court and the High Chiefs Court or even the kabiyesi himself, no one can deceive the gods. The gods will always do the right things; they will always give the right judgments. The people are aware of this and this has buoyed their faith in the system,” he said.

Then he said the cost of justice at the traditional courts was cheaper, a factor that made the indigenes besiege the courts to get affordable justice.

source: www.tribune.com.ng