The Igbo Indigenous Justice System

A specific variety of communitarian theory, African Communitarianism, requires specific obligations and interactions to provide just resolution after members of society have been harmed. In this reading, the justice system of the Igbbo people is described. Before colonialism, the Igbo people of northern Nigeria engaged in a form of governance that used concensus building, and participation (of primarily males) to resolve disputes. The theory also shares a belief in the preservation of human life, and individual rights, similar to the contractarianism of Locke. Consider how the Igbo justice system involves group membership in a way that can be compared and contrasted with other theories of justice we have studied.

INTRODUCTION

This chapter examines the indigenous justice system of the Igbo of southeast Nigeria from restorative, transformative, and communitarian principles. The Igbo, like other societies in Africa/had a well-developed, efficient, and effective mechanism for maintaining law and order prior to colonialism. These social control practices and processes were rooted in the traditions, cultures, and customs of Igbo people. However, the Igbo system was relegated to the background by the British colonial authorities, who installed their own versions of "justice": the common, civil, and criminal legal institutions. The Nigerian postcolonial government has inherited this practice from the colonial era and continues to undermine the Igbo indigenous justice system

Despite colonial and postcolonial state subjugation, the Igbo indigenous justice system holds sway, especially in rural areas, where the majority of the people reside. In line with Igbo egalitarian worldviews, crime is viewed as a conflict between community members. As primary stakeholders in the conflict, victims, offenders, and the community are actively involved in the definition of harm and the crafting of solutions acceptable to all stakeholders. The quality and effectiveness of justice are measured through the well-being of victims and the community.

Conflict creates opportunities for the education, socialization, and resocialization of offenders, victims, and all community members. Conflict also creates an opportunity for the reevaluation of community values and socioeconomic conditions.


Source: O. Oko Elechi, https://www.jstor.org/stable/j.ctt1ckph37.26
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