Showing posts with label Indigenous law. Show all posts
Showing posts with label Indigenous law. Show all posts

3/10/2017

DIBIA OR NATIVE DOCTOR

DIBIA OR NATIVE DOCTOR:
by C. O'Best



Things our generations have lost due to white lies and brainwashings.
A DIBỊA in Igbo African culture is a man or a woman with vast knowledge of nature and spirituality. In some cases they are called the wise ones, great ones, the eyes of the gods, or doctors which is the literal meaning of the word DIBỊA in Igbo language, ( native doctors).
In this knowledge, mostly people are divinely chosen to be a DIBỊA, and sometimes also can be learned by being around or serving as apprentice to a well rich in knowledge DIBỊA.
There are several branches of being a DIBỊA, hence being a DIBỊA is a vast knowledge, and I mean as vast as when you say in English that someone is a doctor.
For example in western world a doctor defines as follows.
A teacher or a learned man.
A person who holds a doctorate.
A physician or surgeon.
A person licensed to practice any of the healing arts, as an osteopath, dentist, veterinarian, etc.
And this word doctor is said to be originated from an old Latin word of doctore which means a teacher, and in middle English as doctor, teacher, or learned man.
So in Igbo African settingDIBỊA being a vast field of knowledge includes (1) DIBỊA NGBỌRỌGWỤ NA MKPA AKWỤKWỌ which we call herbalist in English language.
These are people that specializes in discovering, and treating sicknesses using roots, herbs and nature materials. All their goals are saving life.
(2) EZEMMỤỌ, (CHIEF PRIEST OF AN ORACLE) They are also being referred to as the  mouthpiece of gods.
These are another set of people which we also refer to as DIBỊA. They serve as mediators between the people and the oracles. They offer sacrifices to the gods and the Oracle, and alert the leadership of the people when things are going bad in the society, eg when an abominable act is perpetrated neither in the secret or openly, so they are often called names like the voice of the gods or the eyes of the gods.
(3) DIBỊA OWUMMIRI or the mediator between the water goddesses and man. These are special section of DIBỊAs whos works are often reaching out to the river goddesses and gods, helping people with issues relating to water spirits like ọgbanje and iyiụwa problems. They can offer sacrifices, and intermediate between the person involved and the spirits in other to bring solutions.
(4) DIBỊA MGBA AFA, OR MGBA NSI which in English can be referred as diviners, soothsayers, fortune tellers, all kinds of seers etc. These are specialists in every spiritual inquiries. When you approach them for your problems all they do is consult the spirit of the ancestors which will reveal to them the root of the problem and what can be done for a permanent solution of it. Sometimes due to they have limited powers in solving problems, they might direct you to a higher power or can also go in your name and at the end the goal is to get the solution.
(5) DIBỊA NHA MMIRI or rain doctors as English calls it.
These I have mentioned so far are all in the fields of being a DIBIA (native doctors). Rain doctors are the people that possesses the power to control rain and winds. They can cause wind to blow, make it rain, and can also make it stop raining. They are the only people that possess the natural/ spiritual/scientific knowledge of doing this.
Sometime among them there are ones that only have the power to cause the wind to blow shifting rainfall from one direction to another or stop it from falling at a particular location at a particular time, (ịchụmmiri) and some can only make rain to fall, but can not control or stop rain from falling, (Ịhammiri) but there are ones that have the power to carry out both still. (NDỊ NA ACHỤ MA NA AHAKWA MMIRI)
In all these, like I mentioned earlier, mainly people are divinely chosen by the spirit to serve them on each various field, and one can also acquire this knowledge by staying close to a DIBỊA or serving as an apprentice to a DIBỊA.
Though one person sometimes can divinely be blessed with all of this knowledge in one, but I want us to have this understanding that there are differences in them.
There are some DIBỊA that can only give medicines and heal sicknesses, but can not predict anything, and such people are called for that purpose only.
There are some that specialized in predictions, fortune-telling or any kind of igba afa, but they can not heal sicknesses.
In rain doctoring, I know some rain doctors that can only bring rain down, but cannot stop or control the raining. And there are also some that have the power to control both.
So in the Igbo African setting all this people are recognised in their various fields.
This teaching becomes very important not for just to the ordinary people, but to those who are operating as DIBỊAS today in and around the society.
Because some few bad eggs have destroyed the legacies of our ancestors in this field.
People must be made to understand that being a DIBỊA is never a license to kill or to perpetrate all kinds of atrocities thereby causing pain and sorrows to the people. Rather being a DIBỊA is a call to save life, to heal, to teach and uplift the people.
Yes I understand that anyone that possesses the knowledge of what saves, also must have the ideas of what kills, yes this is just about having the knowledge of negativity and positivity, but the right thing here is that you must be positive here hence life is involved. Because our people said that okenye ekunyere nwa ọsina ezen'egbu ya marakwa na ekunyeghi ya nwa ka otagbue atagbue. Lol. An adult who a baby is given to and she started complaining that she is having toothache should be mindful that the baby was given to her not to be bitten. This just a proverb.
So they told you all the negative sides of African healing strategies and DIBỊA, but you never asked them the positive sides???
So you believe that DIBỊAs or native doctors are bad due to some perceived bad eggs amongst them that are often negative in their practice, but you have not asked your self who is responsible for creation of some deadly diseases like Ebola, SARS, Lassa fever, HIV and AIDS etc????
African spirituality is never an evil practice the way western religion, western education, Western media and some bad eggs amongst us has made it to look like, it is all about being positive and always maintaining  positive vibrations.
Before the western psychiatric treatment came to Africa, Africans have been treating psychiatric related cases including madness of all sorts.
Before western ways of health care came to Africa, Africans have been enjoying good health, good medications through nature produces and spirituality.
Every poison has its antidote, every sickness has cure in African ways of healings, every problem has remedy.
It is time we as African children start looking back to what we have, in other to use it positively for our general good.
Don't join those that demoralises and dehumanizes us, but join those that are building, elevating and continue to uplift us, because our people said that ONYE KPỌỌ ỌKỤ YA NKPỌNKPỌ NDỊ MMADỤ EWERE YA WE'E KPOO NTỤ. If you call your pot scarab people will use it to park dirt's.
                            

2/11/2017

Igba Ndu in Igboland

MAN naturally is a social animal that interacts as well as try to adapt to his environment. However because man's nature is influenced by his desires for survival, dominance and control over his environment, this leads to issues of conflict among them. Such conflicts could attain the dangerous dimension of taking of lives, physical and spiritual injuries or material destruction. This can be at individual or group levels or even to communal proportion. The need therefore for conflict resolution of these prevalent issues, to avoid destructions and mistrust among peoples, and which can be of a permanent basis, to ensure peace and security of lives and properties, gave rise to the concept of Igba ndu in Igboland. 

What is Igba Ndu 

The concept Igba ndu literarily means to bond life, Igba stands for bond or tie while ndu means life in Igbo language. However the concept of Igba ndu is better understood as a covenant between individuals or groups. The Igbos are predominantly associated with the Igba ndu, however other groups outside their boarders also have their own concept for covenant or oath taking. The Igbos are found in the south eastern and parts of the south-south geopolitical delineation of present day Nigeria and they are a very industrious, energetic, and enterprising people that speak the Igbo language. They are basically skilled in merchandising, and indulge in agriculture and other economic activities. By the nature of their activities and interactions, there is a high level of socio-economic interaction among them and even beyond their boarders, hence such interactions can and most times give room for mutual and peaceful co-existence as well as mistrust and conflict. Hence the need to institute an idea which can help sustain peaceful co-existence of a lasting time led to Igba ndu. This practice emanated not only out of fear of the unknown, especially with the knowledge that man is inherently wicked, hence to check on the wiles of men, covenants or Igba ndu is entered into to help safeguard the life and confidence of the parties that have entered into the agreement. Another reason for the Igba ndu is as a result of man's desire to maintain peace, orderliness and harmonious living among themselves, hence where such is existing there is the need to consolidate such harmony among peoples.

The concept of Igba ndu is tied to the knowledge of the existence of a supreme being or deities who are very powerful as to intervene in the affairs of men when they are invited and thus dispense justice to defaulters who break the covenant entered. For any Igba ndu to be potent, in most cases it is tied to a deity or god. In Igboland, there are many deities that are involved, depending on the people concerned. Prominent deities such as, Igwe ka ala, Amadioha, Ibinokpabi, Ahiajioku etc, are some of the deities called upon to witness such covenants. The parties to the covenant while swearing will pronounce punishments which the gods are to excise on the defaulters. 

Types of Igba Ndu

There are different types of Igba Ndu just as we have different types of agreements among peoples. The types of Igba ndu can be known in terms of the number of people involved or the type of agreement entered into. For influence, there is Igba ndu that can exists between two individuals, within a family or between two different neighboring communities. Igba ndu can also exist between an individual and a deity. In Igba ndu issues involved range from love, disputes between individuals or communities, trading or business concerns to agreements with the gods for protection or favour by individuals or groups etc. in undertaking Igba ndu certain people are involved; apart from the people concerned, the gods or deities are invoked, the departed ancestors are also involved, elders especially titled men, native doctors or Oha dibias, as well as chief priest of the community, is dependent on the people type of Igba ndu to be entered.

For instance where there is between lovers, only the two lovers and some times dibia are physically involved but the gods and ancestors are called upon as witnesses. Where the Igba ndu involves family or community a larger group of people mentioned are involved and the gods and the ancestors' role is to witness and dispense justice to defaulters or uphold the one that conforms to the covenant.

The dibias are to prepare the relevant concoction as well as make the necessary pronouncements/incantations that make the covenant potent. The chief priests invoke the gods and ancestors as well as participate in the preparation of necessary materials for the covenant ceremony. In some cases, the parties concerned are to come with their witness. These witnesses will attest to the facts of the covenant if anything should happen afterwards. 

Objects needed for Igba Ndu 

In understanding the Igba ndu, some items are required; these items are dependent on the type of Igba ndu. Such items as kola nut, palm wine, hot drink, ofo staff, blood, plantain stalk, cockrel, kaolin (nzu), fresh palm frond, snail, yam etc other none material objects and the incantation made by the priest or dibias, which can not be interpreted, it is privy to the dibias only. In the case of two lovers who want to undertake the Igba ndu, both partners can use a kolanut and dip it into their blood and then make a declaration as to their intention as well as what will befall anyone of them that breaks the covenant, they can call on a deity they believed in as witness, including their ancestors and Ala (the goddess of the earth). After which they eat the kolanut. In the event of a land dispute between either individuals or community the Igba ndu is more elaborate as the group concerned will invite witnesses, elders, the chief priest and dibias. In most cases, the covenant is administered in the shrine after the necessary items have been prepared and incantation made to invoke the ancestors and gods to witness it. In this type, the people concerned are to swear not to harm each other in any way either physically or spiritually any one who goes against the covenant the gods and ancestors will dispense justice. In other instance, a hole is dug and plantain stalk used to cross the hole, the people concerned will be made to cross the makeshift bridge, with a declaration that whosoever breaks the covenant will fall into the pit which signifies endless problems 

Essence of Igba Ndu in Igboland 

The role Igba ndu plays in Igbo society can be best appreciated from the axiom of social control. It is important as it tries to eliminate deep seated hatred and calm frayed nerves especially on issues concerning land disputes, and other communal or individual squabbles. The process of Igba ndu ensures that the parties to a dispute settle such disputes amicably without physical or spiritual attacks on each other. 

Igba ndu is also very important as it strengthens the unity that exists between the individuals, groups or communities. 

It also plays the role of adjudication as it is the final processes of arbitration in which parties concerned, witnesses, ancestors and the gods are involved in the process of ensuring peaceful coexistence, hence when administered it becomes the final process of peaceful resolution as partied concerned have involved the spiritual world to adjudicate on their behalf. 

Thus any default is punished by the gods. 

Igba ndu checks the incidence of witch craft or spiritual or physical attacks, then puts a check to the activities of the wicked against the just in the society.

Penalties for default and the process of appeasement

Igba ndu is a serious covenant that carries a very severe punishment on the defaulter. This punishment if not quickly addressed or appeased will result in a family or generational curse or stigma. A defaulter is known when mysterious occurrence begins to affect his life, such as death, infertility, sickness etc. the penalties for a defaulter is an outcome of the covenant entered into as well as the reaction of the deity in which the covenant is administered. In addition to this is the curse, which is also placed on the defaulter. The penalties also defer in terms of the type of Igba ndu entered into. For instance, in the case of two lovers, the penalty for defaulter, where one breaks the covenant and abandons the relationship could be either madness, barrenness, inability to hold down any relationship or even death. Igba ndu where a deity like the Amadioha is involved has a very disastrous penalty for the defaulter. This can either be stricken down by thunder, mysterious illness that defies medical solution etc. the process of appeasement by the defaulter is tedious, this is so as people will not want to associate with such a person for fear of reprisal attack on them from the gods. It is only when a clearance is gotten from the gods through divination on how to appease the deity and also on how to re integrate the person into the society before he or she is allowed access to people. The gods will determine the items for appeasement, which most times are enormous. It is the chief priest of the deity and the dibias that handle such appeasement rites. Also the person will do rites that will allow him access to people (oriko). In some societies, items of appeasement include, cockerel, palmwine, local bull, ram, tortoise, cowry, yam, palm oil etc. 

Igba Ndu in contemporary times 

The influence of religions has had its impact on the appreciation and promotion of our rich cultural attributes including Igba Ndu.

However, there are some few who still believe in the efficacy and powers of our deities. These few have tenaciously held on to the cultural practice such as the Igba Ndu and other aspects of our cultures that recognize our deities in societal control. Though they are few but yet they have been able to ensure that these practices do not fizzle away into oblivious.

By Alloysius Duru

7/21/2016

Marriage And Divorce in Igboland


 Image result for igba nkwu


The sanctity of marital union is on aspect of Igbo culture that has remained very strong in spite of the pressure from modern religion and western culture. This is probably because the church as well as Igbo society have realised the great values contained the the marital tradition of Igbo land. 
In the first place, unlike the western culture which regards marriage as a union between a man and a woman, Igbos regard marriage as a union between families, kindreds, societies and nations. When a man marries a woman, he instantly becomes an extended member of his wive’s family. This also applies to the woman. For this reason, a marriage contract is usually drawn between families (where the two parties are of same community) or between communities (where they are of different communities). It is contracted in the presence of kindred of both families. Depending on the Igbo community involved, the steps involved in a marital contract range between four and seven. During the process of taking the steps, all doubts about the character of the bride and groom are resolved. This includes the character of the families and lineage (agburu) from which they came. Unacceptable traits discovery means that the other party may decide to withdraw from the contract before the marriage is completed.
Most of the steps involve asking of questions (iju ajuju) concerning the character of the bride and the groom to avert any traits that could possibly lead to a quarrels or separation in the future. Another important step is the ineta uma (to know the character) or what may be called courtship. During this time, the girl involved goes to live with her suitor for a few weeks. She is able to know the personality and character of her future husband and to have hers known also. The marriage process is usually so complex and the tradition forbids anyone to rush into a marriage without going through the processes.
The culture recognises marriage as a life-time contract which must never be broken. It also recognises that marriages are not a bed of roses and advises their children in-line with this belief. It insists that a man or woman must maintain his marriage in all conditions and must always reconditions his/herself to ensure the survival of his/her marital life. There is a saying that “a wife/husband is like a parcel. No one can know the content very well. But when you get home, whatever you find in your own parcel, you take it as it is. If you are lucky, you could find a delicious soup and pounded yam to enjoy. But if you are unlucky, you might find a snake or a scorpion. Whichever you find, you have learn to live with it.”
Divorce does exists but is very rarely resorted to. The culture frowns seriously at divorce. People who are divorced are blamed no matter the excuses they give. It is assumed that they were just incapable of managing a family. Neither of the families will encourage the break-up of a marriage of their children. The process of divorce is equally so complex and difficult. This makes it that people who are divorced find it difficult to marry someone else as people avoid them in belief that they do not have acceptable and marriageable way of life. Most of them usually have to go to the cities where they could marry someone who was of a different town or tribe. Yet the ajuju (questions) step in the new marriage they plan to contract will usually stall their plans as their new suitor discovers that they are “martially in-acceptable”. Such people may end up either marrying non-Igbos or remain unmarried for the rest of their lives.
The process of divorce is also very complex and this discourages divorce itself. The families of both partners will have to gather many times in the way in which they had gathered to contract the marriage. They do not gather to dissolve the marriage but to resolve the problems involving their children’s family. The first to gather will usually be the kindred of the male who usually aims at discovering the reasons why their son’s marriage suffers. After critically looking into the issue, they will issues blames and advises to both man and wife and this will rekindle the peace and life in the family. If a fault is found in the lady, they might (in a difficult situation) refer her to her own father’s family to advice and counsel her. 
No one person or couple can by any means contract a marriage and no one can dissolve it. Most times, family member will refuse vehemently to get involve in dissolving a marriage since this is viewed as unacceptable to the ancestors. It is said that even the ancestors had problems in their marriages and since problems are inevitable, but if they resorted to divorce, would never have given birth to us. Why should we therefore resort to breaking our own marriage rather than given birth to another generation? Since the couple cannot dissolve the marriage without the kindred, they most time get tired by the complexity of the resolution process and end up going home to manage their family affairs. They also learn better family management from the more experienced elders in their kindred. Divorce is a last but very rare resort in Igboland.
A man who chooses to become polygamous does so to bring a helping hand to his older wife. He most time discusses with her and sometime involves her in making the choice of the bride. A man will not marry a new wife in order to slight an older one. In this way, a new wife respects and adores an older one knowing that her marriage was sanctioned by her. Love is usually shared equally among the wives. Any view that a man favours one wife above another is frown at by the culture. A man will therefore not divorce a wife because he had or prefers another. Polygamy in Igboland involves complementary and not supplementary wives. This is the reason why a man will rarely marry a new wife against the wish of his older wife. This is also why modernity has gradually moved Igbos toward monogamy since most women now prefer to live as lone wives rather than have nwunye di (co-wives). The new institution of monogamy, besides being regarded as economically wiser, shows the choice of Igbo women and exemplifies the respect which Igbo men have for their wives.

1/02/2016

The Okonko Traditional Men’s Society

By Lazarus A. Emenogu

“Okonko-Ekpe” by D. L. K. Nnachy

Today we speak of the white man’s government as if we had no government in the past. The Okonko was an ancient society which served as a traditional system of government before the advent of the white man. The Okonko enforced the verdicts of the Amala (village assembly). In the past, if the Okonko music was played near the house of anybody, anxiety was created as to the reason for the beating of the drum. And if a palm leaf was left behind the man’s house, it meant that the person was to appear before the Okonko court of appeal. As at present, there was then no age limit for whoever wanted to be a member of the society. But then, only men of proven character and without any shameful past were accepted into the Okonko society. When we people talk of a better government today, we laugh because any thief can be in government because he has the money.

Okonko Masqueraders

Whenever there was a stalemate it any Okonko decision, the Okonko society would consult other recognized Okonko societies in other areas for mediation. Non-members of the Okonko society were known as “Okpo” and they were forbidden to go near or greet Okonko members when they were in the full session. To be recognized as a full member of the Okonko society, one must go through the Ida iyi ceremony which is as follows:

The rite is performed at midnight, when the atmosphere is charged. The man that is to be initiated is surrounded by the old members and a palm frond (omu) is placed between his lips to enforce silence. The members taunt and harass him. The priests now reveal about seven secrets to him, which he is not to reveal to any person. I shall not tell you these secrets either, since you an “Okpo.”

Okonko from Ibeku

The new member is paraded round the village, after which he comes back to the Okonko base. Later they move towards the stream or river. As they near it, the new member is exposed to the Ida iyi ceremony thereafter, the new initiated remains for about 14 days in hiding before he comes out. Non-members are warned not to come near the roads leading to all the streams or rivers in the area. Marketplaces are blocked with palm leaves. Before the Ida iyi ceremony, the novice is expected to offer a goat, seven eggs, four bottles of homemade gin, a white cock, ten large yams and one alligator pepper. These things, including a he-goat and a caly pot, are to be presented on the following Orie market day.

Young boy and masquerade at Okonko Festival in Ihitte/Uboma

The chief priest prepares yam in a hot pepper soup (mmiri oku ji) which every Okonko member partakes. During this Ida iyi ceremony, women are not supposed to see the members of the society. The traditional belief is that any woman who sees a member of the society will surely die, unless she brings a ram and alligator pepper -this is to facilitate her reincarnation- and stays one month in hiding. The Okonko society is highly respected, and during the Ida iyi ceremony which lasts for seven days, members from far and wide dressed in different Okonko attires attend. Even compared with the white man’s rule then, Okonko as an instrument of government has no rival. The most important objective of every government is to enjoy the loyalty of the governed, and this the Okonko enjoyed before the white man brought his own government. Okonko has three stages of initiation which are as follows: Akang, Mboko and Ekpe. Once you go through the three initiations, you become an Ezumezu. Once you become an Ezumezu, at this stage, one is very competant to discuss the affiars of this great ancient society.

Ebi Masquerade at Okonko Festival in Ihitte/Uboma

8/27/2014

MODES OF INDIGENOUS DISPUTING AND LEGAL INTERACTIONS AMONG THE IGBOS OF EASTERN NIGERIA

By Ernest E. Uwazie

The 1950s and 1960s produced a series of studies on the various forms of tribal disputing in colonized Africa (see Bohannan 1957; Howell 1954; Gluckman 1955; Gibbs 1963). These examined how indigenous justice systems co-existed or conflicted with imposed (European) law. Upon independence, the new nation-states of Africa inherited many of the colonial legal and social structures, but most countries initiated major legal reforms to redefine relations between state and indigenous laws. In Nigeria, for example, `Customary Courts' were created by the state to apply indigenous customs (Woodman 1988; Imo State 1981). These courts continue to exist in varying forms across Africa, often under strict government scrutiny and control.
Recent socio-legal research on post-independent Africa focuses on the relationship between the state legal systems and the various types of indigenous justice (Moore 1986, 1992; Woodman 1988; Gundersen 1992). These studies conclude that customary court judges both validate and invalidate some aspects of the indigenous legal orders, thereby constructing a new set of legalities. However, data are scarce on the persistence of non-state quasi-judicial modes of disputing and their interaction with the formal legal system. This study suggests that major substantive and procedural differences separate the Native Court from indigenous justice. Analysis of the interconnections between the indigenous and state legal systems in Nigeria yields a more comprehensive knowledge about legal pluralism in Africa.
This study examines the differing uses of the various forms of Igbo `indigenous justice' as well as their connections with each other and with the state legal system. Indigenous justice includes native or village disputing mechanisms that lack the support or institutional characteristics of the state legal system. Generally, the indigenous legal system is characterized by native or lay participation and is less bureaucratic; it relies on unwritten, oral and flexible precedents or rules (see Abel 1982; Merry 1982). Various kinds of coercion are used to settle a case or seek compliance with decisions of indigenous justice (Merry 1982; Uwazie 1991). The inquiry focuses on the types of indigenous justice used for handling disputes among the Igbos and how they interact with the state police and courts. Different disputing modes are amenable to different kinds of cases (Black 1987; Goldberg et al 1985; Felstiner 1974). The study examines six types of indigenous Igbo justice and then analyzes their interaction with formal legal systems.
I observed 70 cases, conducted 20 interviews, surveyed 226 disputants, and reviewed relevant records.The surveys were analyzed with univariate statistics to determine which disputing mode was more likely to be chosen for certain kinds of cases. The ethnography and interviews combined study of the trouble-case, the extended case, and the social drama (see Nader & Todd 1978; Llewellyn & Hoebel 1941). By cross-checking, comparing, and triangulating information, I built a foundation for the research.
I. Differential Use of Disputing Modes
Alternative dispute mechanisms exist in every society. Socio-legal studies have produced numerous cross-cultural materials on formal dispute institutions (Nader & Todd 1978; Gibbs 1963; Gluckman 1955). Other legal-anthropological studies reveal the use of lay councils, go-betweens, and voudou in the resolution of disputes (Bailey 1960, 1965; Abel 1973; Bohannan 1957; Cavender 1988). These socio-legal studies compare mediation, arbitration, self-help, negotiation, and adjudication, giving us some knowledge of the variation in patterns or modes of disputing. My research identifies the wide variety of non-state forms of indigenous dispute settlement in order to understand their independence from and connections with the formal legal system. It also reveals several ways of managing individual and group conflicts, and questions the view of legal centralism. For example, it shows that, because of the wealth of customary legal knowledge possessed by Igbo elders, village councils have become increasingly indispensable in state lawmaking; they also serve as an alternative to the overburdened, centralized court system in the management of certain conflicts. Likewise, disputants have responded to deficiencies in the state system by searching for more satisfactory forms of dispute management.
A striking characteristic of the traditional Igbo political and legal system was the virtual absence of centralized authority. This sense of republicanism was mirrored in the proverb `Igbo enweghi eze' (the Ibos have no kings/chiefs). They practised a participatory system of administration (Isichei 1976; Afigbo 1972). Political institutions were designed to encourage popular participation, weighted by experience and ability. Each unit was autonomous and regarded as binding upon it only those decisions to which the people had assented. Legal arrangements remain highly decentralized, though they frequently interact with the state legal system. Before analyzing the legal interactions, the study examines six indigenous legal institutions: family head, village tribunal, umuada, age grade, titledmen, and oracles.
A. The Family Head
The basic unit of Igbo social life is the extended family descended from a common ancestor. The affairs of this unit are managed by a head or Ony'isi. He is usually the eldest male in the family and holds the family `ofo' (oath) symbol. The linkages within the family facilitate intimate communication with and easy access to the family head.
The family head mediates certain marital disputes and cases of delinquency and presides in the resolution of other cases between family members. One family head related a case in which a widow complained of her 15-year-old son's refusal to help in such household chores as fetching firewood and water from the nearby stream. Each time he used his wisdom and moral persuasion to correct the youth. Sometimes, however, the family head may fail to resolve delinquent behavior. Another family head told me that a 17-year-old boy in the family had defied him, after several villagers had complained about the youth's flirtations. The teenager regretted this when he was eventually forced to marry a young girl he had impregnated. According to the family head, "failure to instruct (the youth about their wrongs) kills the elderly, while failure to heed the instructions (of the elder) kills the youth" (ahu ma aka ghi n' egbu agadi, ma akawa ma anughi n'egbu nwata). Sixty-four percent of those surveyed said they would use the family head to resolve delinquency cases.
The family head is often called to resolve boundary disputes between households. As trustee of the family land, he must be resourceful in managing it. Several disputants told me how they had used the family head to mediate boundary disputes; 84 percent of the respondents said they would use the family head to resolve land disputes.
The family head's role as a mediator does not necessarily mean that he is a `neutral' third party (cf. Black 1987; Black and Baumgartner 1978). He is more unbiased than disinterested. His reputation and authority derive from fair decisions, and he has both economic and political interests in maintaining social harmony. For example, family members take turns cooking special meals and farming for him. In addition, he performs important family rituals and serves as the family representative in the village tribunal. In most instances the family head uses moral pressure to enforce decisions. Often he solicits the support of family members. In presiding over hearings he ensures that the most eloquent and intelligent disputants or their representatives do not overwhelm the less advantaged disputants. The use made of the family head to resolve disputes depends on his effectiveness as a mediator.
B. The Umuada
If a member defies the family head or a leadership crisis arises, the married daughters of the family or village are invited to resolve the dispute or to force compliance with the decision. The Umuada, or married daughters, play an important part in Igbo dispute resolution. They come from the family, kindred or village which calls upon them, but are living elsewhere with their husbands. They are highly respected, especially in comparison with their unmarried counterparts and with women who have married into the family or village (who are treated as strangers). It is common for successful marriages to attract others from the same village. The married women from a particular village or kindred preserve their kinship ties by forming Umuada groups in their marital villages.
The Umuada may be called home on short notice to resolve such issues as spousal abuse, infidelity or theft, or to admonish erring women who have married into their village. In one instance, the male members of a family of a prominent (fan) chief used their Umuada to confront a defiant widow. She suspected that certain envious family members had murdered her husband and would not allow them to participate in funeral plans.
The Umuada effectively used shaming statements and threats of ostracism to make her cooperate. In another case, the Umuada found both spouses responsible for a domestic conflict. They occupied the man's house until he paid the fine of one cock for beating his wife; and threatened to bar all social contacts with her as well. Such an occupation entails the substantial expense of feeding the `uninvited' guests.
The Umuada also may be called to admonish the men of their natal villages, especially in times of corruption or moral decadence. An elderly woman recalled that the Umuada rebuked her village's male leaders in the late 1960s for embezzling public funds contributed by the villagers to build an elementary school. They threatened to invoke the village gods and goddesses if the accused did not admit their guilt and return the funds. Women's rebukes of men, in this male-dominated culture, are rare but powerful, shaming the men and weakening their influence over the women. Women's high moral status is thought to attract the sympathy of the gods. Although the Umuada may be limited in their power and knowledge of their paternal villages, they can act as checks and balances, resolving disputes that are too difficult for the male leaders. The Umuada can intervene on their own or at the invitation of the family or village unit.
C. The Village Tribunal (Amala)
Matters affecting outsiders or threatening to disrupt a family are usually referred to the Amala (village tribunal), composed of 10 to 15 lineages. This institution is concerned with the common affairs of the village, such as religious rituals, traditional ceremonies, and festivals. For example, the people of Ogwara village gather every October to celebrate their new yam season and thank the gods for a good yield. The villagers express their solidarity by sharing yams. They also ostracize village `trouble makers' at this time. These functions are organized by the village council of elders or Amala, which includes the various family heads. The Amala also handles intra-village disputes, as well as case referrals from a family head or the formal court system.
A similar tribunal exists for villagers who have emigrated to the cities. An example is the Ogwara Town Union in Lagos. The union members meet on alternate Sundays, reserving the other Sunday for clan meetings. The members take turns hosting the group, serving food and drinks to the guests. The economic and social ties among the members are exemplified by making loans, or subsidizing `naming baby' celebrations out of collective contributions. The union helps to socialize newcomers to the city, as well as providing a social network for those seeking employment or business connections. The town union collects money for village development such as electrification.
In the midst of the merriment that characterizes the meetings, conflicts between members are reported. They are resolved immediately if possible, and otherwise postponed until the next meeting. Difficult cases are often referred to the village tribunal, and then either resolved quickly or postponed until the holiday season (Christmas, Easter, or village festival), when most urban dwellers return to the village. I observed a case of attempted food poisoning in the city, which was referred to the village tribunal by the town union. The union persuaded the police to allow it to attempt to resolve the case, but failed to reach a solution. A day after the New Year, the elders gathered and administered the oath of innocence to the accused villager. If he died within the year he would be declared guilty.
The village elders (also called people's representatives or Ndioha) are adult males with substantial experience in handling village disputes, especially land matters. My survey found that 89 percent of respondents would use the Amala for land cases and 66 percent to resolve disputes between fellow villagers. The village women have a separate dispute institution although they sometimes refer difficult cases to the Amala. Like the family head, the Amala commands respect primarily because it controls the channel of communication with the ancestors and gods, who are very powerful and revered symbols in Igboland.
D. Age Grades
The age grade plays an important role in village affairs. Between the ages of 26 and 30 men go through several initiation ceremonies prescribed by their elders in order to become adults and be included in village law-making processes. Marriage is not recognized until the man has been initiated as an adult. After the members of an age group have been initiated into adulthood they form an age grade union.
Members of an age group address one another as age mate or nwulem and are responsible for burying their members. Different age grades cooperate in matters affecting the entire village. Age grades also manage conflict, disciplining members who commit theft, show disrespect to an elder, or fail to pay taxes or participate in communal labor. During village festivals, they are responsible for crowd control and other security concerns. A customary law practitioner related how the age grades were used as local security forces during the Nigerian civil war, protecting village borders and arresting lawbreakers.
E. Titledmen (Chiefs)
As Igbo communities experienced social and economic changes during the nineteenth century the traditional system of government and justice was affected. Economic growth allowed some men to amass a surplus with which they could acquire various titles based on demonstrated leadership abilities. Thus, the titledman, a free-born man of probity, became another means of social regulation. Today, such a man is a Chief or Eze, is addressed by various traditional titles, and performs a variety of political and judicial functions.
Chieftaincy in Iboland began with the introduction of the Warrant Chiefs by the British colonial rulers about 1912. Young men literate in English were given authority to collect taxes, settle disputes in the customary courts, and administer villages.
The warrant chief system was anomalous in the traditionally acephalous Ibo society (Afigbo 1972). These warrant chiefs subsequently became corrupt, engaging in bribery, forced marriages, extortion, and false criminal trials, which caused major conflicts. This imposed legal system also was incompatible with the evolutionary nature of leadership in Iboland (Meek 1937). The British failed to understand that Igbo leaders emerged by virtue of their demonstrated ability and knowledge.
Most contemporary village chiefs have inherited their titles from the old warrant chiefs. A village chief may preside over the deliberations of the Amala. A village may appoint someone to perform the functions of chief for a specific time. The Chief (Eze) is regarded as the traditional ruler of a state-created `autonomous community.' Under the Imo State Traditional Rulers and Autonomous Communities Law, an `Autonomous Community' is defined as a group of people inhabiting an identifiable geographical area or areas, comprising one or more communities bound by a common traditional and cultural way of life with a common historical heritage and recognized and approved by the government (Section 1, Law No. 11 of 1981).
The traditional ruler must be chosen according to the custom of each community and presented to the government for recognition. As a paramount Chief, the Eze can appoint other, lower chiefs with the consent of the village. Besides his role as spokesperson and cultural embodiment of his people, the law authorizes the Eze to take steps to reconcile disputing parties in civil matters whether or not such matters which the disputing parties bring to them for reconciliation are matters governed by law of the community (section 17 (f)). The Eze usually has a cabinet composed of village representatives or lower chiefs. In certain instances, he can take immediate action without the cabinet.
I observed a case in which the Eze issued an injunction about disputed land after a woman complained of death threats from the other party. The Eze sent his messenger to warn both parties not to trespass on the land until the boundary issue was resolved by the cabinet. I observed four other land disputes between parties from different villages. In another case where the police had determined that a death was an accidental homicide the victim's relatives brought the matter to the Eze, seeking compensation. The incident had occurred when friends from different villages were hunting in a suburban forest. The victim's relatives threatened to take the matter to an oracle (below) unless they were compensated for the costs of the funeral and maintenance of the victim's young children. Both the Eze and the accused took the threats seriously enough to reconcile the parties. A common factor in the cases I observed before the Eze was that the parties came from different village groups within the autonomous community or clan. 66 percent of my respondents said they would use this means to resolve disputes with someone from another village.
In contemporary Igboland the insignia of a titled man varies - a thread, ivory anklets, eagle feather, red cap, horse plume or fan carried in the hand - but he is influential and immediately recognized everywhere. Titledmen earn their reputation as mediators, arbitrators, or organizers of village affairs, often as exceptions to the Ibo rule of gerontocracy. In the processing of disputes a titled person sometimes merely relays one party's grievances to the other, especially in the initial stages of a conflict. A titledman may deflate a conflict by warning one or both parties, but he is primarily a messenger. Often he is a friend of both parties, which tends to make them receptive to his message. One villager recalled how she used a titledman to warn another villager that she was rumored to be an outcast or Osu (non-free born). Another villager told me he used a titledman to resolve a potential boundary dispute. My survey found that 76 percent of respondents had used a titledperson to resolve their grievances.
A prosperous man with several descendants registers and legitimizes his success by taking a title (Isichei 1976; Afigbo 1972). There is a hierarchy of titles, with an ascending scale of rituals and payments. Gaining a title, however is not simply a matter of purchasing political power. The title system is a form of social security; men pay for titles and then share in the payments of later entrants. A title is a guarantee of character and prestige as well as of success. The entrant endures protracted and arduous rituals and accepts religious restrictions. These taboos, which become more onerous as he climbs in the titled hierarchy, must be scrupulously obeyed.
F. Oracles
If the facts of a case are unclear or the offender's identity uncertain, Igbo resort to an oracle. Divination is used to identify mysterious causes, heal diseases, and manage both individual and group conflict. In most instances of death and mysterious illness an oracle priest is consulted for diagnosis and cure.
For example, Ogwu, 37, consulted a famous diviner who lived 100 miles away about the death of his 28-year-old wife during the birth of her second child. Ogwu sat on a wooden bench with his elder uncle and father-in-law, intensely staring as the diviner cast his magical lots to ascertain their mission. To the clients' surprise and satisfaction, the diviner correctly revealed the nature of their inquiry at the first casting of the lots. The clients deposited half the fees before he continued. With each casting of the three lots, the oracle, Okae-mee, revealed how Ogwu's wife was despirited by her dead aunt, offended when she had not received the traditional `second burial' by the sacrifice of a goat. The wife and her aunt shared the same god. The priest revealed that Ogwu's wife had also defied another diviner's warning not to visit her maternal home, especially during pregnancy. He concluded with a warning of further death if the deceased aunt's wishes were not immediately obeyed.
The oracle is usually referred to as a `medicine man' (Dibia) because he heals as well as causing illness or death. Many people recalled stories of diseases and deaths inflicted by an enemy using a
Dibia. Medical doctors sometimes refer a difficult illness to a Dibia. An oracle may be used to investigate or deter crime. The police used a
Dibia to identify the thief of a massive quantity of telephone cables (National Concord 1989). The people of Owelle village were so enraged by thefts in their village and the police's inability to stop them that they sought the Dibia's help. He administered an oath in the village square. Each villager declared his or her innocence and promised not to steal and to report offenders. Any villager who refused to take the oath or took it and died within a year was believed to be guilty (personal observation & interview, November 26, 1989).
The diviner explains the supernatural aspect of events and makes misfortune intelligible and therefore acceptable. He prescribes the sacrifices that control the activity of supernatural beings. Many aggrieved parties resort to oracles to resolve both intra- and inter-personal problems (see also Cavender 1988; Afigbo 1972; Adewoye 1977). The oracle is the first, middle, and last person to consult for almost any type of conflict and is seen as able to influence case outcomes, making him an invaluable means of conflict management.
II. THE INTERACTION OF THE LEGAL ORDERS
Although the Igbo modes of indigenous justice are very decentralized, they are closely interconnected (see figure). To the Igbo, the secular and sacred, the natural and supernatural, are closely intertwined. The tribunal members, who are



often village elders, dibias, age grade members, and titledpersons, are viewed as representatives of the ancestors. The village tribunal serves both administrative and judicial purposes. The objective of dispute settlement is inter-personal and community reconciliation in this close-knit society. As the table suggests, disputants tend to use formal law to handle cases of murder, injurious assault, grand theft, rape, and divorce. The influence of the state criminal laws and the infrequency of these cases may account for their choice. Murder and divorce cases also may necessitate the use of the police or court to seek punishment or vengeance since the litigants have no need to continue the relationship. One village elder recounted stories of self-imposed exile, forced suicide, and banishment for murder and rape in Iboland, explaining that they were heinous offenses that also offended the village gods. Indigenous law is used to handle the civil aspects of most serious criminal cases (Uwazie 1991). Two village elders told me of cases where leaders were forced by the village tribunal to compensate the village after being convicted by the court of embezzling village funds. The table reveals that major crimes are more likely to be handled by the police or court, while less serious disputes are more amenable to resolution by the indigenous justice system.
The Figure illustrates the channels of communication and interaction between the indigenous and state legal systems. Case referrals are more voluntary. Police commonly refer certain cases to indigenous institutions. When the victim of an injurious assault precipitated by a land dispute complained to the police, the disputants were strongly urged to resolve the case between family members through the village tribunal. The police decision reflects the difficulty in resolving the underlying land dispute, especially given the fluid, oral contractual nature of Ibo land custom and the complexity of land cases. During the deliberations, the village tribunal de-emphasized the assault and concentrated on resolving the land dispute. The village judgment was submitted to the police and accepted by them as a final resolution of the case.

To whom would you complain about the following cases?

Kind of case             Percent formal*     Percent indigenous     Total
Land                                      2                                  98                        212
Murder                               76                                  24                        208
Injurious assault               66                                 34                        207
Grand theft                         71                                 29                        207
Petty theft                           32                                 68                        199
Minor assault                     22                                 78                        178
Adultery                              15                                 85                        179
Spousal abuse                      4                                 96                        178
Rape                                     71                                 29                        147
Divorce                                60                                 40                        159
Total (urban & rural)                                                                         226

*   Formal includes police and court, while indigenous includes
village/family tribunals, titledmen, age grade, umuada, and oracles.

The police may have used subtle coercion by referring the case to the village while retaining jurisdiction until an acceptable settlement was reached. However, numerous `invitations' by the police as well as reported bribes will have reinforced the reluctance to use the police in the future. I observed ten cases of police and court referrals to the village tribunal. Among the 76 who had used  the formal legal system, 29 percent reported that their cases were referred to the village tribunal. A senior magistrate told me that 99 percent of the land cases in his court were appealed from the indigenous justice system, and he referred most of them back. The practice of frequent case referrals and willingness to accept the judgments of the village tribunal reflect a cooperative arrangement between the formal and indigenous legal systems.

III. Conclusion
Despite the rise of national legal systems in Africa, indigenous modes of justice persist. The state and indigenous laws interact, often deferring to each other. Disputants choose among multiple legal forms based on such factors as the nature of the dispute, the disputants' relationship, and the effectiveness and accessibility of the disputing process. Police or court referral to the village tribunal manifests the cooperation between them. The village tribunal defers to the police or court in serious criminal cases without surrendering its authority to resolve their civil aspects.
Systems of justice do not operate solely within governmental environments. The Igbo indigenous legal system, for example, has not been merely a `servant' of the formal legal system. It has innovated to preserve its independence and influence, while maintaining a cooperative relationship with the court and police. When conflicts of law arise, the competing legal orders minimize their differences (see Hooker 1975).
Since independence, Nigeria has experienced dramatic social, economic, and political changes, which have influenced legal reforms. Contemporary elites view modernization and nation-building as requiring a unified legal system, often invoking the European and U.S. models. As the state endeavors to adopt uniform state law at the expense of indigenous legal orders, however, it is met with intense resistance. Although economic development, missionary activity, and western education have influenced the country's socio-political order, the future of indigenous justice seems assured, particularly in Igboland. Disputants find indigenous law more accessible, satisfactory, and reliable in resolving most land disputes as well as domestic or civil cases.

Disputants move between the formal and indigenous legal systems at their convenience. We must discard the legal-centralist notions of the state law, in which indigenous justice is devalued. Future research should focus on how the indigenous legal orders interact with the state created customary courts. Such studies promise further insight into African law and societies and will contribute to the ongoing debate about a new political-legal order in Nigeria and throughout Africa.