The respondents in all the research communities unanimously stated that punishment metted to the defaulting members of the communities are justifiable bearing in mind the effect of offences on the society. Each act is punished according to the gravity of the offence committed. Questions 39 to 44 of sectiob “B”
Nteje Community
i. Murder Case: 14 respondents stated that, in case of murder the community will apprehend the culprit for justice and to fulfil the necessary conditions against murder. The community must insist that the person must face hanging or at least marry wives, etc in place of the murdered. He
136 or she will be brought to the village square for questioning and after that, ostracism or the hanging of the offender.
10 respondents stated that the person will run away from the community for a period of years [gba qsq qchx. He or she will perform the cleansing ritual after staying away for some time;
that is, rites of purification and a replacement of the mudered with a wife.
25 respondents stated that the person must leave the community for seven year. The various purification processes, [kq mmee before he returns. Then he marries a new wife for the family of the deceased. Ha achupu ya n’obodo. Onye afx gbulu qchx ga-akq mmee. ([kq mmee for the family of murderer and murdered). However, all the respondents stated that recently the case of murder is treated by the Police and court.
ii. Case of Incest: 20 respondents in Nteje community stated that there must be purification, isu mmanx n’ isi, [kpx arx. Some rituals, sacrifices will be carried out. The persons involved will meet a diviner who will tell them what to do in order to appease the gods. Nd[ afx ga- akpx alx site na [takql[ta nzu n’ama. It is a taboo and the culprit will be rejected by the community and severe punishment will be meted to both parties. 14 respondents were having the impression that it is a serious crime and no sacrifice may be able to cleanse it. It is an abomination and purification and sacrifices must be done if the person is to survive. The respondents stated that, incetuos act is usually regarded as more serious for adult males forty (40)
137 years and above. Respondents stated that the two parties will be called out to the village square, people will gather, they will kill a goat and then conclude all necessary formalities. 15 respondents still said that the offender will be forced to go round the community shouting his offence. Then kolanuts, fowls, goat or cow, yam etc are imposed on the offender for appeasing the fore-fathers in the spiritual world.
iii. Kidnapping Case: The respondents unanimously stated that it is an abomination, alu an injustice. The person must provide the one he or she kidnapped or his or her life will be taken, his house and other properties burnt down. The offender is severely punished, heavily fined, or ostracised. If he or she is titled, the person will be derobbed. However in the recent times the case of kidnapping is above community intervention. The justice is done by the government according to the law against it.
iv. Revealing the Secrets of Masquerade: According to all the respondents in Nteje community, this is a serious case and an abomination [ta mmqq. It will be handed over to the elders and native doctors. Onye afx ga-edokwa ya ga-edokwa site n’igota efi, ewu, qkxkx, ji, qj[ na mmanya.
Purification exercises, at the end of which cows are slaughtered. Also the person’s house will be burnt. The respondents stated that in recent times, a house same as the offenders house will be erected for destruction. However, all the masquerades in the community and beyond will invade the house of the offender for many days with shocking, fearful and dangerous utterances and expositions.
However, if one denies all allegations to an offence in Nteje community the respondents agreed that the next line of action is for the person to take an oath or native investigation will be done through the native doctors. The actions that will be taken are:
138 a. swearing an oath, [nwx iyi
b. consulting a seer, ije n’[ta
c. consulting a fortune-teller, [gba afa, Obodo na-agba afa, jue ese iji mata ife melxnx.
Any other crime can be handled by imposing fine on the offender, banned from attending meetings, written or oral apology, and mediation between parties, dialogue and sanctions. Q bxlx nwaany[ na-ata amuosu a na- eji mmqnwx eduna ya be nna ya.
Ogbunike Community
i. Murder Case: The respondents agreed that the person will be excommunicated from the community, banned, and exiled, gbaa qsq qchx for at least a period of seven years. The victim is firstly expelled for a period of time. On his return purification will be done and may he or she be asked to replace the person he murdered by marrying a wife for him. The respondents also stated that recently murderer case is handed over to the police and court.
ii. Case of Incest: All the respondents agreed that it is an abomination, alx. Q ga-akpx alx, q meghaa ya. In most cases the deviant is excommunicated from social events, gatherings and membership of certain groups. The cleansing of the land will be done, after which he or she will be incommunicated again. The culprits have to offer sacrifices to cleanse the land and/or face banishment.
iii. Case of Kidnapping: The respondents unanimously stated that kidnappers are handed over to the Police and taken to the law court for trial in the recent times.
iv. Revealing the Secrets of Masquerade: All the respondents stated that it is a very serious offence; the person will undergo a lot of rituals. Q ga-emegha ya emegha. The victim is fined,
139 bring cocks, goat, yams etc in order to restore the land and cleanse the abomination. The person’s house will be barricaded with qmx nkwx. The person will be sent out of the town and in most cases burn down his house.
If someone denies all allegations to an offence, he or she will swear an oath of vindication before a shrine or whatever deity provided. The community in a native way will go to diviners or soothsayers, or he or she may be asked to take an oath, []x iyi. If the person who took an oath, survives after seven market days, he or she is proved to be innocent.
Any other case can be treated through fair hearing, asking for witnesses, denouncement, it can be handled through [tx alxs[, deliberations, excommunication. Deviant ones are summoned by the relevant authorities. In case of stealing, the person is required to pay back, despite the castigations that will be done. Criminal offence must be reported to the Police; thereafter the community may take further actions like excommunication.
Awkuzu Community
i. Murder Case: The respondents agreed that the murderer will be made to leave the community for a period of time. Q ya agba qsq qchx. The person will be excommunicated and sent out of the community. That is the person will be sent on exile, the murdered must have being buried before amnesty is given to the murderer . Obodo ga-achxpx onye afx, q nata, q ya akpx alx. Q ga-anxchi nwaany[. However, the respondents stated that in recent times the person will be detained in Police custody if found guilty, he or she will be tried in the court.
ii. Case of Incest: The respondents agreed that, fa ya akpx alx. The criminal will be made to undergo certain rituals. There will be purification and cleansing, isu mmanx n’isi. The
140 person will be brought to the community gathering to dance naked after which he or she will be taken to the chief priest of the community for cleansing.
iii. Case of Kidnapping: The respondents agreed that the kidnapper will be arrested and made to face the law. The government directive will be followed by referring the case to law enforcement agency.
iv. Revealing the Secret of Masquerade: The masquerade group will decisively deal with the individual. A ya esuli ya mmanx n’isi. Nd[ mmqnwx ya eje be onye afx daa ya nra. Q ga-akpx alx. If someone denies all allegations to an offence, a ga-agba afa, jee n’[ta, (eziokwu ga-apxta). A ga-agq onye afx n’alxs[. The person will take oath or the two parties will enter into a covenant. The matter can be reported to all the shrines in the community. Through investigation they will seek spiritual assistance through divinities.
Other crimes such as very deadly ones might lead to imprisonment. Some issues might be resovled through conflict resolution or disciplinary committee set by the people. [nwx iyi. By swearing an oath at the shrine or recently, handled by the court or church. A ga-akpxnye onye afx nd[ uwe ojii.
Umunya Community
i. Murder Case: The respondents stated that it depends on the magnitude or gravity of the murder committed. But, what happens generally is that, it mainly attracts public disgrace. The community will first of all excommunicate, ostracism him or her from the community. Qsq qchx. Purification will be done and his or her relations will replace the person murdered with
141 an unmarried girl. They stated that most times the person is stoned or hanged or ostracised except the killing is done on self defence.
ii. Case of Incest: The respondents agreed that the xmxqkpx this time will deal with the person.
The person will be excommunicated from every event in the community. They will be tasked to cleanse the land ([kpx arx). A ritual must be performed, and if overlooked, is likely to cause problems that will be unknown to the people in the future.
iii. Case of Kidnapping: The respondents unanimously stated that the case of kidnapping usually attracts death sentence. The person is judged by the elders, he or she is ostracised after releasing their hostage. However in the recent times the person will be arrested by the community and handed over to the Police.
iv. Revealing the Secret of Masquerade: The respondents stated that it is excommunication or suspension from the group and the person is levied. The masquerades will visit the person’s house, burnt the house and excommunicate him or her. If however one denies all allegations, deep investigation can still be carried out and the truth will manifest. The person will be compelled to take an oath or he or she will be tortured. Another way is by peace meal, communion, oriko or an idol will be used against the person, [tx ya n’alxs[
Other crimes can be handled through, [tx alxs[, Oath taking with alxs[. In case of rape the person will be publicly disgraced and excommunicated. Some crimes mentioned earlier such as kidnapping and murder can no longer be handled by the community in recent times; such cases are taken to the Police for redress.
Nkwelle-Ezunaka Community
142 i. Murder Case: The respondents agreed that the offender will be disgraced publicly, excommunicated or ostracised and, or banish the person from the community for a period of time (seven years as stated by respondents). Later, there will be cleansing of the land, and also settle the family of the deceased by marrying a wife for them. The person will be hanged or forced to commit suicide. However such matters are handed over to the Police and law court in the recent times.
ii. The Case of Incest: Ha ga-akpx alx – sacrifice to cleanse the land. The community will ask the person to bring goat, fowl or cow for purification. Both will be called out, each of them will carry a pot of palm oil on their head. The kindred will be dipping their yam inside i.e as their purification. They will be excommunicated until after cleansing. Two of them both the male and the female will be brought out before the public they will carry pot of palm oil on their heads;
while all the elders will eat their yams deeping their hands inside the pot of red oil the culprits are carrying on their heads for their purification.
iii. Case of Kidnapping: The report will go to the igwe and also to the Police. The victim will be sent to law enforcement agents to be prosecuted through adjudicatory processes since in the recent times such cases are above the community.
iv. Revealing the Secret of the Masquerade: The person will be penalized. The group of elders’ in-charge of the community masquerade will go to the family with anger to tell them the offence committed. All the masquerades will visit the person early in the morning. A heavy fine will be paid; meanwhile the victim will be pleading for mercy. Sometime the victim’s house will be burnt down.
If there are denials of allegations, some other ways to handle the situation are: the accused person will be engaged into oath taking at iyi ojii shrine. The oracle priest will be consulted.
143 They may be asked to call witnesses. Other ways are: investigations, inviting native doctors to consult their gods, taken to the shrines, cursing the victim, swearing before a deity, consulting oracles, ije n’afa, and law court.
Some other offences can be handled through litigation, fair hearing, oath taking, investigations, setting up committees, reporting the case to the council of elders, age grades, law courts. In case of rape the accused is excommunicated or brought to the village square to appease the gods.
Data Presentation from Customary Court Personnel Questions 1 to 10 of section “C”
On what is the basis of customary court’s operation, the respondents unanimously stated that the basic foundation of customary court is to ensure the welfare of all the persons in the local government area on the tenets of freedom, equity, and justice and to make stronger the oneness of the people.
On the relevance of the law vis-à-vis the customary practices in the local government area, the respondents indicated that the people considered customary law important to them because it deals with what has been long established in the communities with some exceptions.
4 respondents indicated that people from the local government area prefer native justice system, although the law banned them from handling certain cases, 5 respondents said that they prefer modern law court.
On the type of cases usually handled by the customary courts, the respondents unanimously stated the following among others:
i. Divorce cases
ii. Claims/ownership of economic trees
144 iii. Land disputes
iv. Inheritance matters v. Family disputes
vi. Wanton destruction of economic crops
The respondents also stated that there are some offences they do not handle. These include:
i. Adultery – The respondents stated that they do not handle adultery cases unless it comes under divorce.
ii. Incest
iii. Revealing or exposing the secrecy of masquerade in the land.
iv. Witchcraft v. Kidnapping vi. Theft
vii. Murder – Any act of murder will be definite and punishment prescribed as it is in the written law.
The respondents unanimously stated that in most cases some members of the communities in the local government area overlook and bypass their traditional justice system and move to Police and law court.
On the reason for the above actions, 5 respondents stated that it could be when one is not satisfied with the manner of trial or of the judgement by the levels in the community. It will also be that their judges are biased and could not give them fair hearing and possible justice. 2 respondents stated that it could be because some people have the money and also were learned;
therefore they know what the law says in any case. 2 respondents stated that some may feel that they want to have a legal backing towards any judgement obtained and so have to go to court.
On whether the modern law court can totally serve the needs of the members of local government area; 7 respondents stated that the law court cannot meet all the demands of the natives 2 respondents believed that the modern law court is able to fully satisfy and fulfil the needs of the community.
145 However the respondents unanimously stated that the native justice system can hardly withstand the modern times with the changes and challenges that occur on daily basis.
Questionnaire Item Total No of
Responses
Total No of Respondents
%
1. What do you think is the reason why people bypass or ignore the peaceful resolution of cases in their various communities and resort to modern law courts?
a. Unsatisfied with the manner of trial or of the judgement by the levels in the community; judges are biased and could not give them fair hearing and possible justice.
b. Some people have the money and also learned;
therefore they know what the law says in any case.
c. They want to have a legal backing towards any judgement obtained
9 5
2
2
55.6
22.2
22.2
2. Do you think that the modern law court alone can completely serve the needs of the members of the people in the Local Government Area?
a. the law court cannot meet all the demands of the natives
b. the modern law court is able to fully satisfy and fulfil the needs of the community.
9 7
2
77.8
22.2
The above table represents the responses on why people ignore the native justice system and the strength of the native justice system in this global era as stated by the customary court respondents.
Data Presentation of Oral Interview of section “D”
146 The result of the oral interview was as follows:
Question 1
The respondents in the research communities unanimously stated that not all the members of their communities are good citizens. That you cannot come to any community and find out that everyone is good; that if every person in a community behaves well, problems will not be arising. They stated that there are some people who do not like good things, and for that reason they continue to constitute problem in the society.
Question 2
The respondents in the research communities unanimously stated that the behaviours which manifest among the bad groups of people are anyaukwu-greed, e nweghi afq ojuju-unsatisfaction [gba ama as[-bearing false witness,izu ori-stealing, ime omume ga-emetxta ezinaxnq fa maqbx xmx fa-exhibiting bad behaviour that will eventually affect their children and family. I butelx nd[ fa chelx na fa anafelugo nsogbu site na izu fa ori-creating problems for those whom they think that they have excelled in life by stealing and destroying their properties. They can sneak and destroy people’s farm crops, burn people’s houses, although it is not an every day occurrances, but they do happen. The respondents also added that some of these bad citizens form clicks, gangs, some of them smoke and drinks a lot. They rape, steal, some chase other people’s wives and in the same way feel that nothing will happen.
Question 3
The respondents in the research communities agreed that justice is very essential in the research communities, we canot do without justice. O nwelu ndi na-adiro ekweta n’ife a na-ekwu bu a
147 na-ekwu n’enu fa a na-ekwu n’ana-there are some people who do not want to do what others are doing, they are out laws. Their actions disrupt peace in the community.
Question 4
The groups that try cases in the research communities as stated by the respondents’ are- ezinaxnq-nne ojiji-it starts from the immeadiate family, when it fails, you move to the xmxnna-kindred to the wider clan-ogbe. If it fails at this stage, you move to the ruling age grade, qgbqnaabq, ojiana- elders, nd[ ikenye-elderly people, n[iichie-they try land cases among others; for instance when a case is between two persons, the elders will call them or one of them might report the case to them, after given them fair hearing, the elders will tell them to go, that they will later hear from them. Fa ga-eje fx ife e mebilx ma q bxlx ife mmebi. After the investigation, they will call them back. A raalx fa oloo-judgement. A ga-edozi okwu afx site n’[da nra, [kpx alx,q nweekwaa ike bxlx [gwa onye mejqrxrnx ka q yqq mgbaghalx maqbx gochie maqbx dozie ife e mebilx.fa ga-eme ya ka q larudo fa n’obi maka na ikpe obodo ara ama ofu onye. Fa ga-ekwukwa nqqkwa nwanne g[ ka [ daalx ya. The elders will settle the case by given fair judgement. They might tell one person to ask for forgiveness, to repair or replace what is damaged, but will not fail to remind them that they are relations. The respondents stated that in addition to elders, any person accepted by the members of the community as an honest person can be among those that try cases. The otu qgbq- age grade has bylaws which specify how the members should behave. Okwu a na-ekwu bxlx ife gbasalx mmadx abxq nq n’ofu