JUSTICE SYSTEM IN YORUBA LAND

JUSTICE SYSTEM IN YORUBA LAND

I have said it before, when a man fails to know the value of the WÚRÀ he holds in his hand, some covetous  children of other men will visit him with PÁNDA to give him in exchange of WÚRÀ.

Whereas WÚRÀ is GOLD, not very beautiful to behold when in it's crude form but which can become a most glittering, everlasting and very expensive piece of jewelry when processed polished.

Whereas PÁNDA is an imitation, an combination of adulterated and inferior metals melted together and made to appear very beautiful to the eyes but they can remain only beautiful for a short time.

When you call something CUSTOMARY, it evidently comes from CUSTOM!

Our forefathers had CUSTOMS FOR JUDICIARY.

People, friends, families, neighbours, villages, even husbands and wives will always have quarrels and disagreements amongst themselves, it is natural, but there was a mechanism available to settle ALL DISPUTES.

We had a FAR MORE RELIABLE SYSTEM OF DEMOCRACY in Yoruba land before we were drawn into the new order.

1. It starts from the FAMILY.

The man is the HEAD and PROVIDER of the family. His physical, physiological and psychological makeup positions him to be stronger and answerable to the needs of the home.

The wife is the feminine force for the home by the very same makeup of physical, psychological and physiology qualities.

And she is the spiritual umbrella of the house. She brings forth life and raise the children.

The combination of the various families make up the SOCIETY and the SOCIETIES MAKE UP THE PEOPLE.

The HUSBAND is the final authority in HIS HOUSE. He Chief Justice of his HOME.

He was usually able to settle and organize his home by himself but things are no longer the same. A lot of men have lost maturity and many women no longer get proper home training.

Where he is unable to settle a dispute in his house the matter is taken to the FAMILY.

Even that simple common sense judicial procedure has been ruined. Men won't even do that. They will rather go to their Daddies-in-Lord.

2. In each FAMILY there are Elders.

There are people called FAMILY HEADS. They are usually the OLDEST MEN AND WOMEN.

These people KNOW the family members very well. They know everybody including husbands and wives, usually from birth. They know your history.

They have SEEN enough on earth you can't possibly tell them that mangoes started growing on trees in your time.

They had AUTHORITY.

Once matters from any angles of the family got to the FAMILY HEADS, the case was usually settled quickly, fairly and equitably and everyone returns home happily.

The words of the Family Heads were FINAL and you didn't even dare to grumble

That was in those days o.

We have ruined that aspect of the judicial procedures of our CUSTOMS.

Men no longer have sense these days, we have demystified the EXTENDED FAMILY traditions and ruined everything. The men regarded as FAMILY HEADS these days are the ones who have enough money and regularly seen in social circles. The Babalayes of the family.

We will rather take our cases to people who have no knowledge of our peculiar history.

3. When the matter is such that it affect different FAMILIES, COMMUNITIES, SOCIETIES etc it goes beyond the jurisdiction of Family Heads.

The matter comes to the ELDERS OF THE LAND.

It will be taken to the BAALE.

The BAALE will invite the ELDERS to hear the case. These Elders are usually people of enormous wisdom and experience. They are members of various sacred cult of the land. They are CHIEFS and have authority.

They will ask BOTH SIDES to speak while they listened VERY QUIETLY AND INTENTLY.

They know YOU,  THE COMMUNITY AND THE VILLAGE far more than you will ever know so they are more knowledgeable than you.

And sitting together gave  them the power of COMBINED WISDOM

What can you possibly say to deceive them?

And they can also bring out IFÁ, ÒGÚN, SÀNGÓ or any of the Deities to join in the matter.

Usually they will settle the dispute at that level whatever it is, even LAND BOUNDARY DISPUTES.

Where they are unable to settle it the matter will go to the KABIYESI.

But again we have lost all that.

The BAALÈS themselves dont live in the villages these day. Infact there are no villages any more. They are all crumbled. We abandoned the villages to decay.

The Baales of today are now mostly poor people who are just struggling to survive, very vulnerable and available to manipulation by men with money and politicians.

Who even listens to Baales these days when you can hire a LAWYER and meet the Magistrates at Clubs?

4. It is in the palace of the OBA you will need to understand the beauty of democracy in Yoruba land.

a) The KABIYESI is the SUPREME HEAD/CHIEF EXECUTIVE of his Kingdom. He was not selected through a process of acrimonious elections like we have these days but emerges quite naturally as a either a CROWN PRINCE or the CHOICE OF IFÁ amongst the Princes.

He is no ordinary mortal because in him is AUTHORITY DEPOSITED.

The KABIYESI doesn't give suggestions but ORDERS.

b) But the Kabiyesi isn't an autocrat neither is he a loose canon who can do as he pleases, without limits.

He has a council which acts as the LEGISLATURE to be his CHECK AND BALANCE mechanism.

In Ijebu land it is the ÒSÙGBÓS and possibly the AGEMOS that will do it for Awùjalè.

In most other lands it is the ÒGBÓNIS.

In Oyo, it is the ÒYÓMÈSÌ who will keep the Aláàfin check.

The LEGISLATURE - Ògbónis, Òsùgbòs, Òyómèsì etc - are the ones who ensure that the OBA, HIS EXCO AND EVERYBODY conform to the CUSTOMS of the land.

The CUSTOM is what we call CONSTITUTION in today's world.

They are LAWS, the totality of the code of ethics of the people.

You DON'T TOUCH any aspect of it because they are time tested.

Is it not regrettable that many of our Obas themselves are the ones ruining this particular order?

c) The Kabiyesi has an EXECUTIVE COUNCIL which REPRESENTATIVE of major sectors of his kingdom.

ÒTÚN is the most senior Chief in the land.

ÒSÌ is next in line to ÒTÚN.

ÌYÁLÓJÀ is the leader for market women.

ÌYÁLÓDE is leader for Women in general.

BALÁGUN as leader of the Army.

OLÚWO/ÀRÀBÀis the chief priest of IFÁ

ABORÈ is the chief priest of Òrìsàs.

OLÓRÍÒDÓ is the Leader of the Youths.

These are the people who sat with the Kabiyesi to manage the kingdom.

They  do all things according to the CUSTOMS OF THE LAND.

There was stability.

d) And there is the JUDICIARY.

In the case of the attached video, the Olúwo Aké is the head of that judiciary.

And it actually makes sense for the OLÚWO to be the Head. He is the Chief Priest of IFÁ.

Cases shouldn't normally come to this stage unless they have passed the various stages from Families, Community Heads,  BAALÈS and other higher authorities.

At the level of the CUSTOMARY COURT AT THE OBA'S PALACE whatever comes out as judgement is FINAL.

You don't dare to challenge it anywhere.

And they are NEVER WRONG in their judgements.

They take cognizance of every angles, check all the facts and ensure the truth is found.

They may demand that you SWEAR before SACRED DEITIES where necessary. They will use the combined wisdom of elders and add to IFA guidance where necessary.

And everything is done very quickly.

YOU DON'T NEED LAWYERS.

YOU DON'T NEED TO APPEAL.

YOU DONT WASTE TIME.

YOU GET JUDGEMENT SWIFTLY, ON WAIT-AND-GET BASIS AND IT IS FINAL

But again we have ridiculed all that.

Today, the CUSTOMARY COURT can only do the much they can  for the poor people of the society who may otherwise be exploited by the Police and our Oyinbo Courts.

The big men in the society can drag anybody and even the OBA himself before the Magistrate or High Courts.

You can be at the High court on a case for DECADES and still have to move to the Supreme Court and sometimes ordered to return to the High court. Lies upon lies. Justice is available to the one who can get the best lawyers who "know the road".

This is where we are now, a confused and emasculated people.

© Adedamola Adetayo

           26 July 2023