Wednesday 15 July 2015

History and Development of General Customs in Nigeria


In the early times, the geographical area now known as Nigeria comprised different settlements. Among these settlements were some
350 ethnic groups and 500 dialects. Each ethnic group had its own language(s), cultures and customs.
Despite the ethno – linguistic differences, the various settlements were not isolated from one another. Rather, there existed some forms of political, economic, social and cultural relations. Some of the settlements were linked to one another by rivers, creeks, or land mass or a combination of two or all of them. These links provided routes which facilitated and promoted exploration, discovery, trade and commerce. They enhanced mobility of labour, migration, and other social relations and interaction. There were also inter-tribal wars.
The settlements in due course, either by conquest or by other growth processes, metamorphosed into kingdoms, empires and principalities, which by accident of history and by numerous geographical handicaps or fortunes (as the case might be), attained varying levels of political, social, cultural and economic development.
Certain physical features influenced the occupational distribution of the early settlers, as well as their type of ancestral workshop. For example, northwards were savanna areas; the inhabitants were chiefly pastoral; they worshipped the god of the sky. Southwards were the forest belts; for the settlers who were mainly farmers, the object of their worship was the god of land. Still further southwards are the coastland areas; the settlers were mainly fishermen and they worshipped the goddess of the sea.
With time, these groups interacted with considerable frequency and in consonance with some established and regular process. Indeed, the notion of settlement itself connotes a level of human organisation; and where there is an organization, there has to be a scheme of rules or laws and compulsion to enforce obedience if the group or society must survive and continue.
Each of the ethnic- linguistic groups therefore had its own concept of law, judicial process and customary laws without which human society could not exist. These laws played a prominent role in the regulation of the affairs of members of the group. They varied with space, character and level of socio-economic development and challenges which faced the various settlements. As should be expected therefore, there were manifestation of different (and sometimes conflicting) ways and conditions as one moved from one place or age to another or one empire or kingdom to another and across the jurisdiction of different customary laws. Before delving into these conflicts, there need to be some understanding of the development of the legal systems and the nature of customary law.
Development of General Customs in Nigeria
The empires of the North as well as the kingdoms in the Southwest were chiefly societies. Authority was exercised along vertical lines, authoritarian and despotic in nature. Their legal system was centralized; exercise of judicial power was territorially delimited, and coercive.
At the same time, there were features of democracy. For example, the monarchs held consultations with their council of chiefs, queen mothers, courts, priestly officials, secret cults, etc. Powers were decentralized particularly in the Northern empires where Emirs, Serikis and others exercised delegated authorities. There were also checks and balances Akin Oyebode noted that in the old Oyo empire, for example, the king makers or subordinate chiefs could demand that a tyrannical Alafin (the Monarch) should “open the calabash” or in other words to commit suicide. Elsewhere junior chiefs were empowered to secede from the commonwealth of a cruel king or in the alternative depose or banish him.
The East of the Niger was made up of chiefless societies and these societies were less integrated. Authority was organized along horizontal lines. Relatively, they were democratic and egalitarian. They relied more on synonym bonds, lineage and kinship within the clans and other social groups. The legal system was decentralized and judicial power was based primarily on the attainment of a specific rank, age or status within the social unit.
In both the chiefly societies of the North and the West and the chiefless society of the East, the members of the communities had no cause whatsoever to entertain any fear that the monarch or other rulers would be absolutist or tyrannical. There were broad similarities among the customs and cultures transcending ethnic boundaries as there were conflicting ones. The broad similarities served as bonds between the different communities and the people. They also served to regulate the relationship among the members of the communities. In effect, there was conformity with the social norms: and this was reinforced by the strong belief in myths, dogmas, and ancestral spirits. Everywhere – be it chiefly or chiefless, the legal system was the same – the enterprise of subjecting human conduct to the governance of rules. The law was no respecter of persons or ethnic group; the legal system served as an instrument for abridging the gaps between them.
-ONAH MARY JOHN
KUW/U14/SLG/2026

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