The impact of Customary Courts in Esan Culture in Edo State, Nigeria

Session Submission Type: Roundtable Session

Abstract

Customary courts are community courts designed to process village offenders who violated community trust. The customary system of justice among the people of Esan in Mid-western Nigeria has long been neglected by Nigerian criminologists and legal commentators. Among the people of Esan, the customary courts are not just the structures where victims and offenders meet with the courtroom work group for justice. It is in fact far beyond the court room. It is a traditional forum for adjudicating low level conflict among members of the community from petty theft to land disputes and from illegal harvesting of crops to stealing of a goat. It is inquisitorial in the manner justice is applied. With a Restorative justice outlook, customary courts must supervise fueding families, domestic disputes and affront that threatens the stability of the homogenous community cohesion. This panel will examine the historical development and ultimate impact of customary court in Esan. It is our position that previous examination of this aspect of the Nigerian legal system has unfortunately neglected to include the significant and vital influence of the traditional leaders in the development of the customary courts. We intend to clarify their unquestionable contribution and provide evidence to that effect.

Sub Unit

• Area VIII: Roundtables

Chair

• Evaristus Otatade Obinyan, Clark Atlanta University

Discussants

• Charles Ochie, Albany State University

• Patrick Ibe, Albany State University

• Charles Ubah, Georgia College and State University

• Jonathan Odo, Cameron University

• Hamin Shabazz, Stevenson University

• Jovita Esechie, Texas Southern University

• Kenneth Kelso, Clark Atlanta University