Conflict Resolution

Informal Channels for Conflict Resolution in Ibadan, Nigeria - 2. Tradition... http://books.openedition.org/ifra/718?
lang=en
Informal Channels for Conflict Resolution in

Ibadan, Nigeria | Isaac Olawale Albert, Tinu Awe, Georges
Hérault, et al.
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Informal Channels for Conflict Resolution in Ibadan, Nigeria - 2. Tradition... http://books.openedition.org/ifra/718?lang=en
p. 13-35
Full text
1. Introduction
1 One of the major functions of traditional political
institutions in Yorubaland is to resolve conflicts, whether at
the urban, village, neighbourhood or household level. These
traditional Yoruba judicial processes are more evident in
the indigenous quarters of Ibadan, where people still live in
family compounds and have strong networks of interaction
with one another in the extended family along the lines of
age, status and occupation. Each extended family (ebi),
which includes all people who have blood ties, is headed by
a mogaji, who is usually the oldest male member of the
family. Each quarter, which may include several family
compounds is headed by a baálé.
2. Dispute Resolution at Individual Family

Level
2 The smallest political unit within Yoruba towns is the idile,
which roughly corresponds to the nuclear family; this is
followed by the ebi, the extended family. Each idile is
headed by a baálé,1 while the ebi is headed by a mogaji. In
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Ibadan, the mogaji is formally recognised as the head of an

ebi, by the hierarchical power structure. The mogaji is
usually the eldest or most influential person in the ebi. A
responsible baálé in Ibadan, as in any other part of
Yorubaland, is one whose opinions and decisions are
respected by those within his household. As the head of his
household he is also a mediator whose judgement in
disputes among members of his family must be respected.
He keeps peace and order in his household, and as Fadipe
noted, he is the chief law-giver and magistrate of the
compound.2 He also controls the relationships between
members of his family and outsiders.
3 Cases brought before the baálé usually include conflicts
among co-wives, brothers and sisters; truancy and street
fights involving his children and his foster children. Minor
conflicts are usually resolved immediately by scolding the
trouble-makers and appeasing whoever was offended.
Where a member of another family claimed to be unjustly
offended, the baálé is required by omoluabi philosophy to
visit the home of the offended person to formally apologize,
even after the dispute has been resolved; and to thank him
for accepting a peaceful resolution to the conflict. As soon as
the baálé returns from such a peace-keeping mission, he
calls his people together and warns them to desist from
making any more trouble.
4 Serious matters considered to impinge on the proper
upbringing Of children within households are usually
reserved for final settlement within the home. Such matters
would include truancy; sexual harassment of females in
school; consistent failure in school examinations; lying,
often interpreted as the first evidence that the child might
later become a thief; petty theft and related delinquent acts;
and the use of indecorous language against an elderly
person, which is a very serious offence if that person is older
than the child’s parents. Most problems which involve
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children can be resolved by the family head or by anyone in

the neighbourhood who recognizes the child who is
committing the offence. The Yoruba believe that the
upbringing of children is not the responsibility of the
parents alone, but of everybody in the community. A
popular Yoruba adage in this regard says:
Enikan lo nbimo
Gbogbo aiye lo nwo dagba.
Although a child is born to only one person
his upbringing is the responsibility of all.
5 In situations where the offence committed by the child is

more serious than can be resolved without the intervention
of his parents, the latter are approached.
6 Having received a report of an offence committed by one of
his children a baálé will immediately take the necessary
steps to deal with the matter. If the case is serious, the
punishment is reserved until evening after dinner, when all
members of the family should be at home. The child, his
mother, brothers and sisters are summoned before the
baálé and briefed about the offence. The verdict is passed
and the child is punished before everybody to serve as a
deterrent to others.
7 Some children may decide to run away from the compound
rather than subject themselves to punishment from the
baálé and the stigma attached. Sometimes these juveniles
will run away to the larger markets or taxi-parks. In Ibadan,
runaways can be found at Dugbe, Bodija and Agbeni
markets, or any of the taxi parks in the city. Here they will
attempt to earn their living as porters, bus conductors, car
washers or scavengers of scrap metal and plastic. Money
made from any of these activities is often supplemented by
petty theft if such opportunities exist. It is among other
runaways and truants that these youths learn to smoke
marijuana. This is partly how the area boys3 of Ibadan
came into existence.
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8 There are instances when parents/guardians fail to deal

effectively with cases brought to them about the anti-social
behaviour of their children. Such parents are usually
considered detrimental to the maintenance of good
neighbourhoods. In traditional society it is normal to seek
public opinion by calling in neighbours to comment on any
breach in the public peace. If such a parent is a tenant he is
reported to his landlord.4 Reports can also be made to the
police, the mogaji or baálè.
3. Dispute Resolution by the Mogaji and

Baálè
9 Cases that cannot be resolved at the inter-personal or family
level are usually taken to the head of the ebi, the mogaji or
to the baálè (ward chiefs). Such cases are usually given
immediate attention to prevent any escalation into violence
that can threaten the survival of the entire lineage or ward.
Each person, starting with the plaintiff, states his/her case.
Once the matter is resolved, emphasis is put on how good
neighbourliness can be achieved and preserved.
10 The influence of the mogaji in resolving conflicts is not as
far-reaching as it was in nineteenth century Ibadan, before
the British subjugated the city (1893). As rightly observed by
Gavin Williams, the authority of these lineage heads has
been usurped by modern courts and bureaucrats and,
therefore, ‘local influence is often exercised by men of
wealth rather than by men of noble lineage’.5 Today, many
mogajis call upon the influential men and women in their
families, both old and young, to assist in the conflict-
resolution process, so that such decisions will have a
meaningful impact. Where a member of the family
threatens to take his case to the formal court, the mogaji
carefully withdraws from such a case. The following
discussion sheds more light on how particular disputes are
resolved by the mogaji and the baálè.
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3.1 Land dispute

11 Land matters rank among the most prominent of the many
conflicts that occur in Ibadan, largely because of the
administrative and commercial importance of the city.
When Lagos was Federal capital, Ibadan was the capital of
the Western Region. Ibadan is the economic nerve-centre of
Yorubaland and was the home of the first Nigerian
university. Many people from other parts of Nigeria have
emigrated to Ibadan because of the numerous job
opportunities. Landed property is a key investment in
Ibadan, an asset and a status symbol, even for non
indigenes, whose ‘homes’ are elsewhere. Unscrupulous
landowners and speculators have capitalized on this desire
for land and have exploited or duped land buyers; The
magnitude of land disputes in the city can be gauged from
the number of cases brought by members of the public to
such informal arbitration television programmes as So Da
Bee of the Broadcasting Corporation of Oyo State (BCOS)
and Agborandun of Nigerian Television Authority (NTA).6
Almost every week, people appear on these programmes to
seek resolution of their land disputes.
12 Land in the city is owned by families and lineages, although
by the Land Use Decree of 1978, land is vested in the
government. Gavin William rightly noted that Ibadan has
no political tradition which confers on the Olubadan7 the
authority to distribute land among the town’s lineages. The
persons most knowledgeable about land issues in the city
are, therefore, the mogajis as the custodians of family
traditions. Conflicts related to land often result when a
recalcitrant member of a family chooses to sell family land
without consulting other members of the lineage. Trouble
starts as soon as the news of the illegal sale becomes
common knowledge. The family members or their
representative will approach the illegal seller of the piece of
land, asking for compensation or demanding that the
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‘squatter’ (i.e., the buyer of the piece of land) should stop

‘trespassing’ on family land. Usually a signpost stating that
the land belongs to a particular family is quickly erected
with the warning that trespassers will be prosecuted (i.e.,
taken to court). Anybody who builds on such land faces a
greater risk of having his building knocked down by
bulldozers than of receiving any court summons. It is in fact
the so-called ‘trespassers’, whose buildings have been pulled
down, who seek redress in the formal court. Where land
ownership is in dispute, the affected land buyers generally
do not wait until their buildings are pulled down before
approaching the collective owners of the land to resolve the
conflict.
13 To resolve such a case at ward level, some people will
approach the mogaji or baálè, if they have not been partial
in handling such cases in the past. It is the duty of the
mogaji or baálè to summon the disputants and, if necessary,
members of the appropriate lineage, with a view to
resolving the matter. Each of the disputants is allowed to
state his case. The matter is subsequently judged. In some
cases, some of the disputants are asked to make
concessions to facilitate speedy settlement. In some
instances, the family members may request a share of the
payment of the land from the person who sold it. On the
other hand, they might accept nothing but a complete
recovery of the family land from the person to whom it had
been ‘illegally’ sold. When reconciliation efforts fail at this
level, people either stubbornly remain on the land or go to
the formal court to argue their case. If the seller of the land
is adamant that he is the only person entitled to the
proceeds from the land, the case may also end up in formal
court. Such a case is no longer between the buyer and the
seller of the land, but rather between the seller and the other
members of his extended family who consider themselves
entitled to some share of the proceeds. Such a case could
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end up in the Supreme Court, the highest court in the

country, as a resuit of appeals and counter-motions filed by
the parties.
14 In some cases, properly acquired land in Ibadan is sold to
more than one buyer. This can happen if a person buys land
but delays its development. Those who know the identity of
the original owner of the land may come and offer to buy the
land. The original owner may be tempted to sell the land
again. In order to prevent this, the new owner will put a
signpost on the land stating that it belongs to a particular
person or that it is not for sale. As evident in many past
editions of So Da Bee and Agborandun,8 people sometimes
sell land that does not belong to them. Dubious people who
notice that a piece of land has been vacant for a number of
years may take this opportunity to sell it, even when the
land is not theirs. This occurs because it is extremely
difficult to establish title to land in Nigeria. Such
information is not often accessible to the public.
15 In some cases, the multiple sale of land results from a
seeming or assumed ambiguity about the real ownership of
the land. A case of this nature was brought to So Da Bee on
the 25th June 1995. A blind woman gave a piece of land to a
man around 1975 for farming. The blind woman
subsequently died and the man who was given the land also
died in 1993. The son of the blind woman immediately took
possession of his mother’s land and sold it, but without
informing the children of the man who had farmed on it.
The children of the farmer, also sold the land to a different
buyer. When one of the buyers of the land tried to develop it
he was confronted by the other buyer. The case had to be
brought to So Da Bee, where it was established that the son
of the farmer should have contacted the son of the blind
woman before attempting to sell the land. He would only
have been entitled to sell the land if there was proof that the
land was given to his father for more than farming.
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16 The incidence of multiple ownership of property makes land

buying in Ibadan very risky. Few people feel secure about
land transactions in the city until the structures erected on
it are complete. To ascertain that land does not have more
than one owner, buyers usually deposit some building
blocks or sand on it. Some people may proceed to erect a
mock foundation on the land and then wait for some
months to see whether any other owners will appear. If this
happens, the case will be taken before the mogaji or baálè to
ascertain the rightful owner, and if this fails, the parties
may seek redress in the courts.
17 In some cases land conflicts resuit from people encroaching
on another person’s land. The encroachment is often
deliberate; in other cases, it is accidental. A person who has
completed the construction of his own building might use
the neighbouring undeveloped land as a refuse dump. A
man with an empty plot adjacent to his own might use the
whole of his own land, and then appropriate a little from the
adjoining plot to construct his sewage tank or garage. In
some cases, this might lead to the removal of the authentic
survey pillars or the boundary markers from one point to
another. An unsuspecting landowner might not detect that
his plot had been abridged. When he does, far-reaching
conflicts usually occur.
18 Plot owners are required by law to leave a certain amount of
land free for access roads and power lines. Many people
build their own houses without leaving any space for roads
or utilities with the resuit that when an access road is
eventually needed, the electrical poles sometimes protrude
into the middle of the road, or the road is so narrow that
only one car can pass. Roads in many parts of Ibadan look
like enlarged footpaths, winding around the houses,
especially in high density areas.
3.2 Disputes in the family
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19 Occasionally, conflicts may occur between co-wives within a

household or the compound. The husband might favour one
woman more than the other(s), causing jealousy among
them. These women might abuse each other verbally. In
some cases, they may physically assault one another, with
the husband taking sides as he considers fit. Some women
go to the extent of employing magie to resolve conflicts
related to their matrimonial homes. On the seriousness
attached to this, one should remember that ‘magic’ includes
the pragmatic use of poisons, as well as more esoteric,
spiritual forces.
20 Cases involving co-wives should be settled by the husband
or baálé of the quarrelling women. However, as husbands
tend to be partial in matters affecting their wives, such cases
are usually taken to the mogaji. The women in dispute and
their husband will be summoned to the mogaji’s apartment,
while all the elders in the household constitute the jury. The
junior wife in the dispute, on her knees, is invited to state
her case followed by the senior wife. The opinions of other
wives in the compound are solicited to enquire about the
causes of the dispute, and how it should be resolved. In
most cases, the other women will be unwilling to reveal
what they know but will only appeal to the mogaji and other
elders to settle the dispute amicably. Men are usually more
forthcoming than women in stating what they feel about a
particular case and how it should be resolved. Stiff penalties
can be imposed on a wife known to have been making
trouble because her husband married another wife. In one
case, observed by the researchers, a relative of the man
stood up to tell the story of how his father married twenty
wives without having any problems. He wondered why the
women in dispute should be giving his brother (with only
four wives) so many problems. His recommendation was
that whichever of the women was not comfortable with
polygamy should be encouraged (by the mediators) to seek
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divorce and allow new wives to be married into the family.

As this kind of recommendation tends to worsen rather
than resolve the dispute, the mogaji rebuked the man for
holding such an uncompromising view. The following
dialogue ensued between the mogaji and the ‘no nonsense’
man:
Mʑʉʃʌʋ: If this is how disputes were resolved in the past do
you think your mother [name mentioned] would have
remained with your father long enough to have given birth to
you?
Tʊʇ ʏʃʐ: No Baba, it was the troublesome disposition of
these women that really made me lose my temper. If my
brother is not ashamed of what is going on in his home,
those of us related to him are. But if I have really
misbehaved before the elders, I ask for forgiveness.
Mʑʉʃʌʋ: This firewood is not good, you throw it away. That
other firewood is not good, you also throw it away. You
might need to complete the cooking with your fingers. If
co-wives don’t quarrel with one another how else can they
show that they love the father of their children. You don’t get
rid of a woman just because she is quarrelsome. Would you
treat her like that if she were your mother or daughter? The
truth of life is that, eventually, evil people have their own
reward.
21 To resolve the dispute, the mogaji, as some baálè would also

have done, then asked the elders to express their opinions.
After some discussion, the final verdict was given. The guilty
woman and the husband were reproached, but none of the
disputants was left completely without blame. The mogaji,
at the end of the case, implored the disputants to co-operate
since there was nothing strange about human conflict. ‘Even
the tongue and the teeth despite their closeness often come
into conflict’.
22 In some families, supernatural means are used to resolve
conflicts. Mogaji Lekan Oladeji, one of our informants,
noted for example, that where two co-wives went to the
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extent of assaulting each other, the mogaji would give the

order that the clothes worn by the women should be seized
and affixed to the regalia of the family masquerades
(egungun). If the women did not come from families that
revered egungun, the clothes might be burnt. However, if
any of the women was still stubborn in her behaviour
thereafter, the mogaji could order that she should move out
of the family compound until she could comport herself
better.
23 Issues often leading to conflict between spouses in Ibadan
include lack of care for women and children by the husband;
the decision of the man to take a new wife; and infidelity by
the woman. As a resuit of conflicts arising from any of these
factors, a woman might be beaten and choose to leave her
husband’s house. Usually, Yoruba parents do not welcome
home daughters who have unilaterally chosen to leave their
matrimonial homes. As soon as such a woman returns to
her parent’s house and narrates her story, her parents
would simply send her back to her husband. This is done to
make the woman appreciate the need for reconciliation. The
mother of the woman or one of her female relatives might,
however, go back with her to prevent the husband from
retaliating by sending her out. Such conflicts usually
demand immediate resolution and a day is set aside for
resolving it. The settlement may involve an alarina
(middleman) and the parents of both spouses.
24 The woman is asked to state her case first, then the husband
is permitted to state his. According to High Chief Durosaro,
when the wife starts to narrate her case, the elders would
warn her by means of proverbs not to wash all the dirty
linen of the family in the open. In this manner, the evidence
supplied by the woman would be confined to what was
relevant to the case, and not irrelevant family secrets. If the
husband was at fault, the wife would be appeased, but
otherwise the man would be implored to forgive her.
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However, the parents of the woman would be asked to warn

their daughter to ensure that such acts would not be
repeated.
25 The Yoruba, like other Nigerian ethnic groups,9 approve of
wife beating, which is considered an honourable way of
helping a woman to keep her marriage. A man who is tired
of keeping a particular woman under his roof might simply
fling out her belongings and expect the woman to pick up
the pieces and go. However, when the man decides to beat
the woman this is just to correct her. A situation similar to
the Yoruba obtains in Malaysia, where men beat their wives
‘to win arguments, to express dissatisfaction, to deter future
undesirable behaviour, and to demonstrate dominance’.10
Some incidents that could lead to wife beating are late or
poor preparation of meals, lack of respect for the man, a
wife’s rebuke of her husband for some shorteoming. As a
resuit of the widespread belief among the Yoruba that a
man has the right to correct his wife by beating her,
neighbours do not respond immediately a woman begins to
shout for help. Some neighbours would feign ignorance of
what was happening if the woman was known for always
annoying the man or if the man and the wife were known to
be habitually quarrelling. The husband might refuse to
welcome any mediator if he was prevented by neighbours
from beating the woman to his satisfaction. He might insist
that the woman leave his house. Once he has beaten her to
his heart’s desire, he would probably welcome anybody who
offered to mediate in the conflict.
26 A matrimonial conflict caused by the infidelity of the woman
is almost impossible for the neighbours, the mogaji or the
baálè to resolve in Ibadan. Appeals by neighbours to men
whose wives are caught in extra-marital affairs usually fall
on deaf ears. Most men would insist on divorcing the
woman. A woman who engages in extra marital sex,
according to Yoruba belief, is a threat to the life of her
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husband. It is widely believed that the secret lover could

charm the woman so that when the husband comes in
sexual contact with her, he is killed. As a resuit, the Yoruba
usually do not take cases of women’s marital infidelity
lightly.
3.3 Disputes over inheritance

27 Another area where conflicts often occur concerns
inheritance. According to Yoruba tradition, the property of
a deceased person is shared among his or her heirs shortly
after his or her death. Writing a will is an alien concept to
the Yoruba people. In fact the legal fees are likely to deter
the ordinary person from writing a will. The act of writing a
will is more common among the educated and the rich.
28 Ibadan indigenes, like other Yoruba people, have an
established cultural process by which properties are
inherited. The most dominant principles followed in
sharing the property of a dead person are oriojori and
idi-igi. The oriojori principle requires the person sharing
the property to give some part of the inheritable property to
every child of the deceased, irrespective of age or sex. The
idi-igi principle on the other hand makes it mandatory for
the property to be shared according to the number of wives
the deceased had, irrespective of the number of children
each woman delivered. Deciding which principle should be
used can lead to conflict. A woman with many children will
favour the oriojori principle which enables each of her
children to have his or her own inheritance. On the other
hand. A woman with few children will favour the idi-igi
system which will enable her to have enough for her
children, and by implication enough for herself. It is the
responsibility of the elders or mogaji in the family to
convince all the wives of the deceased to adopt the most
appropriate system for sharing the property.
29 Occasionally, disputes arise on how particular assets of the
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deceased, such as land and houses are to be shared. This

kind of dispute is often found in polygamous homes; for
example, where the man had ‘secret’ wives unknown to his
‘legitimate’ wives before his demise. Some of the secret
wives will make trouble over how the property is shared, not
because what is to be shared is of any importance, but to
reinforce their claim to the paternity of their children after
the man’s death. When any major conflict is about to occur
among the women, the mogaji will summon eminent adult
members of the paternal and maternal families of the
deceased person resident in Ibadan and its villages to a
meeting. Elders in the compound are also invited. Attempts
will be made to establish the authenticity of any women who
claim to have delivered children for the dead man. Usually,
some people in the family will know about secret love affairs
the deceased may have had. Once the claims of the women
are established as genuine they have the right to share in
some part of the man’s property for their children. The
buildings left behind by the deceased are shared among the
children. If the man had only one building, the rooms are
shared out according to the number of children.
30 If the inheritance includes farmland, the family team will go
to the site of the land to demarcate the boundary of each
person’s inheritance. Natural symbols such as streams,
rocks, trees etc. are often used to demarcate the boundaries.
Women in Yorubaland are shared out as part of the
property of the dead man, particularly younger women who
do not have adult children to take over their inheritance for
themselves. If the controversy is about who should inherit
the woman or women, the mogaji will pass a simple verdict.
If another person contests the judgement by claiming that
he was to inherit the woman, the woman will be allowed to
choose the claimant she wants. In the families of Elegun
(masqueraders) the conflict is finally referred to the
Egungun cult and whatever is decided at this level is final,
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since no one is expected to reject the decree of the

ancestors, or even accept it grudgingly.
4. Conflict resolution by the Olubadan-

in-Council
31 The traditional ruler of Ibadanland is officially known as the
Olubadan. In its formative years as a leading Yoruba
settlement, Ibadan was ruled by military leaders, as the city
developed in the early nineteenth century as a war camp for
soldiers and refugees.11 The first military ruler of the city
around the 1820s, was Oluyedun, who was known as
Are-Ona-Kakanfo (commander-in- chief of the armed
forces). His deputy was Lakanle who took the title of Otun
Kakanfo (the right-hand man of the Kakanfo). Oluyedun
was succeeded by Oluyole in the 1830s. Oluyole, unlike
Oluyedun, took the title of Basorun while the next person to
him was entitled Balogun (war commander)12. Between
1830 and 1850, the Ibadan forged themselves into a military
republic, having rejected the pre-1800 monarchical system
of government which was common in Yorubaland. People
became chiefs in Ibadan not by inheritance, as in other
parts of Yorubaland, but by dint of their military and social
achievements. Around 1851, political offices in Ibadan were
divided into two major categories, military and civil. From
these two categories, four lines of chiefs were created; the
Olubadan line, the Balogun line, the Seriki line and the
Iyalode line. The Balogun and Seriki titles are military. Of
the two, the Balogun line ranks higher. The Olubadan line is
civil, though it was largely filled in the past by retired
warlords. The Iyalode chieftaincy line is for women.
32 In Ibadan, those who may aspire to the office of the
Olubadan have to come from within the Olubadan or
Balogun lines. Power alternates between the two lines. The
present Olubadan, Oba Adeyemo, belongs to the Olubadan
line. His predecessor Oba Oloyede Asanike belonged to the
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Balogun line. His successor has to be the present Balogun.

There is no controversy at all about this. To become an
Olubadan, one has to climb a political ladder, which starts
by taking the Jagun title, either in the Olubadan or Balogun
line. The office of Jagun is competed for by the many mogaji
(lineage heads) in Ibadan. Having acquired the office of
Jagun, the person then rises through the ranks as vacancies
become available until he gets to the top. This enables the
average Olubadan to have garnered considerable
administrative and judicial experience before his tenure.
33 The Olubadan-in-Council (Igbimo ilu) is the highest
traditional institution for conflict resolution in Ibadan. In
the pre-colonial period, the council had the power to pass a
death sentence on any offender brought before it.
Nowadays, it handles minor civil cases especially those
pertaining to land, chieftaincy, and inheritance.
34 The Olubadan-in-Council consists of the Olubadan and all
his high chiefs drawn from the Balogun and Olubadan lines.
Therefore, a typical council meeting for resolving disputes
and state matters is chaired by the Olubadan himself. The
other members in attendance are the Iyalode, who
represents women’s interests; from the Balogun (military)
line come the Balogun, Otun Balogun, Osi Balogun, Asipa
Balogun, Ekerin Balogun, Ekarun Balogun; and from the
Olubadan line come the Otun Olubadan, Osi Olubadan,
Asipa Olubadan, Ekerin Olubadan, Ekarun Olubadan. The
secretary of the council is officially known as Gbonka
Olubadan.
35 Cases brought before the council usually pertain to land
ownership and the appointment of family mogajis. Other
matters, such as the settlement of political rifts, which the
local government councils and the state government find
very difficult to handle, are usually referred to the
Olubadan, who has more direct contact with and commands
greater respect from the common people than the transitory
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political leaders.
36 On a typical day when the Olubadan-in-Council is to sit to
consider any dispute, the disputants are expected to come
very early and sit in front of the palace. When the Olubadan
and his chiefs are seated, one of the chiefs is asked to say
the opening prayer, either Christian or Muslim, depending
on the religion of the chief. As the prayers are said the whole
house choruses "Amin". The content of the prayer largely
has to do with the advancement of peace and concord in
Ibadan; also that God should give wisdom to the chiefs to be
able to dispense justice according to the will of God. Then
the disputants are invited into the palace by the court
messengers or the police orderly attached to the Olubadan
by the government.
37 If the issues in dispute have been documented in the form of
a petition, the Gbonka Olubadan has to read the petition to
the gathering. But if the evidence has to be given verbally
the complainant is asked to state his case. If it is a woman,
she is traditionally expected to be on her knees and to offer
the traditional greeting, unless the Olubadan grants her
permission to stand up. Even when permission is given for
her to stand up, some women insist on remaining on their
knees to show that they recognise their traditional
obligations to the chiefs. A man has to start by prostrating,
offering the traditional greeting: ‘Kabiyesi’ (meaning no one
dare question his judgement) three times. Though it is a
general practice in all parts of Yorubaland that the king
must be addressed as Kabiyesi, the word uttered at the
Olubadan-in- Council meeting gives it a symbolic meaning.
The person that chooses to say it before giving his evidence
is indirectly saying that he recognises the authority of the
Olubadan and that whatever judgement he gives will be
accepted.
38 After the complainant has given his evidence, the
defendant(s), who is/are expected to have listened carefully
18 of 33 2/24/2017 9:50 AM
to what has been said, is/are invited to respond to the

charges. While either the defendant or plaintiff is giving
evidence, he/she has the floor; and cannot to be interrupted
except by the chiefs, who are permitted to ask questions to
clarify issues. The person giving the evidence is not
expected to misuse his freedom by using offensive language
against the other disputant. As a mark of respect to the
elders that constitute the jury, each of the disputants has to
say According to the words of the elders... whenever he uses
proverbs to support his case, because proverbs in
Yorubaland are expected to be the preserve of the elders.
When any young person uses proverbs before elders, the
authority of the elders must be acknowledged. Those who
fail to make such an acknowledgement are considered
insolent.
39 After all the evidence has been given, the Olubadan and his
chiefs will cross-examine the disputants. Since they have a
good knowledge of all parts of the city, the local traditions of
Ibadan people and most of the leading personalities in the
different wards, it is not difficult for them to bring out the
truth from the disputants. A person who tries to quote a
false tradition to support his case is quickly challenged. This
helps to narrow down areas of disagreement between the
disputants so that when the dispute is to be finally resolved,
the truth is upheld.
40 The most common dispute brought to the Olubadan for
settlement involves the appointment of the family’s mogaji.
There is often more than one person interested in the office
because it is the first step to the title of Olubadan in the
city’s traditional political system. This kind of dispute can
destabilise the affected families and therefore is quickly
resolved by the Olubadan. Such a dispute is usually resolved
by ensuring that the would-be mogaji is a legitimate
member of the family and that he has the support of the
majority of the people in all the segments constituting the
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family.13
41 There are, however, situations where the Olubadan himself
has to make some concessions to enable difficult disputes to
be resolved amicably. He might use his personal money to
compensate the losses of those before him. In some cases,
political concessions are made; usually so that the peace
and security of the city is not unduly endangered. A dispute
of this nature as to who should be the family mogaji
occurred in 1982 in the Sodun family between the Ogunsola
and Bakare households in Ibadan. All efforts made to
resolve the matter internally failed, and the matter had to be
taken to the Olubadan-in-Council. Each of the contenders to
the office was asked by Olubadan Oloyede Asanike to come
to the palace with his followers. When the dispute proved
too difficult for the Olubadan and his advisory council to
resolve, two mogaji posts had to be instituted in the Sodun
family so that each of the disputants became a mogaji.14
42 When a case is settled by the mogaji, baálè, chiefs or the
Olubadan, no formal fees are charged. The disputants,
however, know that good manners and respect for tradition
require them to offer something to the mediators, directly
or indirectly, as a way of thanking them. At the end of the
case, both the plaintiff and defendant give the elders a gift.
Whatever is given is never rejected; for example, sometimes
an arbiter who does not drink might be offered bottles of
wine. He is obliged to thank whoever offers the gift and then
take it home. Such gifts can be given away later to those who
need them.
43 In the traditional judicial systems in Yorubaland, fines or
damages are not usually awarded by the mediators in civil
cases. The utmost aim is to restore peace by settling
disputes amicably. In other words, restoration of harmony
is what is paramount in the traditional judicial system.
Sometimes, however, mediators award simple fines as a
deterrent to the re-occurrence of particular anti-social
20 of 33 2/24/2017 9:50 AM
behaviour. This may be demanded in the form of kolanuts

or local gin (ogogoro) both of which have ritual
significance. Some of the kolanuts are broken and passed
round for everyone to eat as an indirect way of celebrating
the resolution of the conflict. The drink is also passed round
for all to taste. If no gin or palmwine is avallable, ordinary
drinking water can be used. In some traditional settings, the
palmwine or gin is used to pour libations to the gods and
ancestors of the people involved in the dispute. These
actions help to reinforce the ternis of the reconciliation.
5. The Judicial Systems of Hausa and Igbo

Migrants
44 As said before, Ibadan was established by migrants from
different parts of Yorubaland and as a resuit the city has
maintained an open-door policy to strangers. Since the
colonial period, the city has been an important
administrative and economic centre, which has attracted
migrants from other parts of Nigeria. Most of these migrant
groups came to Ibadan with their own ideas of justice and
how it is to be dispensed. Three broad groups can be
discerned: other Yoruba sub-groups, the Hausa-Fulani of
northern Nigeria and the eastern Nigerians, mainly Igbo.
The informal judicial systems of other Yoruba groups in
Ibadan are similar to those of the Ibadan people. Unlike the
Yoruba sub-groups, the Hausa and Igbo have different
methods for resolving their conflicts, largely because they
have different traditions.
5.1 The Hausa

45 Wherever the Hausa15 migrate, they always appoint from
among themselves a leader called the sarkin Hausawa,
(ruler of the Hausa people) who normally functions as the
official intermediary between the Hausa migrants and their
21 of 33 2/24/2017 9:50 AM
host community. The sarki also settles disputes among the

immigrants. The first sarkin Hausawa formally recognised
by the Ibadan authority was Mallam Mai-Kanderi who was
appointed around 1914.16 The present holder of the office is
Alhaji Ahmadu Zungeru. The Hausa community at Shasha,
a small village about 3 kilometres north of Ibadan, which is
a major wholesale market for pepper, tomatoes and onions
from the north, is headed by Alhaji Haruna Mai Yasin
Katsina.
46 The sarki has ward heads named the mai ungwa (owner of
the ward). The latter resolve conflicts at ward level within
sabon gari17 where the immigrants settle. Conflicts, that
cannot be resolved at the ward level, are referred to the
sarkin Hausawa’s court. When resolving such a conflict, the
sarkin usually summons his chiefs and a committee of
elders called uban gari. The disputants sit on a mat in front
of the sarki and the elders. The case is carefully listened to
and resolved as dictated by Islamic law. The judgement of
the sarki is highly respected by the Hausa immigrants, no
matter how harsh it may be. His subjects do not only see
him as a political leader but also as a religious leader whose
decisions are divine. Most of the immigrants are not
sufficiently educated to understand how formal courts
operate. Cases brought to the sarki within the sabon gari
include physical assault, petty thefts, divorce and sharing
the property of the deceased. Most of the disputes brought
to the sarki from outside sabon gari concern the kolanut
and livestock trade. This is not surprising since the
Hausa/Fulani immigrants come to Ibadan mainly to engage
in these two economic activities. The sarki therefore has
political representatives in the Ibadan kolanut and livestock
markets. The sarki also has his appointed leaders among
the Hausa beggars in the city. The blind are headed by
sarkin makafi; the crippled by sarkin gurugu, etc. These
leaders resolve conflicts at the minor level and refer
22 of 33 2/24/2017 9:50 AM
complex cases to the palace of the sarkin Hausawa.
5.2 The Igbo

47 The Igbo, probably more than any other Nigerian group,
have vibrant traditional judicial processes to which much
respect and awe are attached. This means that the Igbo
people have less reason for taking their cases to the formal
courts. Much has been written on this by Gluckman, Elias
and Nzimiro.18 Judicial powers in Igboland are hierarchical;
the Obi, Eze and other traditional rulers have the sole right
to decide cases. Disputes are also resolved at lineage,
age-grade, women’s group, cult and association levels. As
noted by Gluckman, reconciliation is the hallmark of the
traditional judicial system of the Igbo. Kinsmen in dispute
are usually helped by mediators to resume and maintain
kinship solidarity. In some cases, judges make the
disputants take oaths promising the resumption of cordial
relationships.
48 The Igbo19 can be found in virtually all parts of Nigeria
practising diverse trades. Wherever they go they carry their
cultural practices, which they maintain in their host
environment; this sometimes brings them into conflict with
the host population.20 Wherever they go, the Igbo carry their
judicial system; which is largely exercised through ethnic
and professional associations; domestic conflicts, most
especially between spouses, are resolved according to
traditional Igbo customs.
49 In Ibadan, judicial authority among Igbo migrants is
exercised by elders and officials of the many village and
town unions from Anambra, Imo, Enugu and Abia states.
There are several hundreds of such town unions in Ibadan.
Village-level unions are affiliated to some central unions. A
look at the internal dynamics of one of these unions in
Ibadan helps in understanding their judicial effectiveness.
23 of 33 2/24/2017 9:50 AM
5.2.1 Okuku Development Association

50 The Okuku Development Association (ODA) is an umbrella
union for people from Okuku, a village in Owerri Local
Government Area of Imo State. Every settler in Ibadan from
this village is expected to be a member of the association.
The association encourages co-operation among members
with a view to making their stay in Ibadan peaceful. It
resolves internal conflicts among members and discourages
conflicts with the indigenous Yoruba population.
51 The nature of co-operation among members of the union
includes getting jobs for the unemployed or new migrants
from Igboland; giving financial assistance to needy
members in the form of loans; helping to bail members
detained by the police; visiting and financially assisting
hospitalised members; and arranging for dead members to
be taken back to Okuku for burial.
52 According to the union’s president, Mr. Charles Atesie,
there are two broad categories of conflicts which the
association is often asked to resolve. The first is inter-
personal conflict between members while the second is
group conflict involving blocks of interests within the
association.
53 The inter-personal conflict could take the form of
complaints about gossip or the circulating of unhealthy
rumours about a member. As a resuit of some slight
disagreement, a member could insult another by calling him
a thief. A member could be accused of having caused
another member to be sacked from his place of work. A man
who lost his shop to another person could blame this on
another member. A member could accuse another member
of having cheated him in a business transaction. Arguments
between two members could escalate into physical combat.
All such issues have to be resolved. Just as the nature of
these conflicts differ so do the approaches to resolving
them. In the case of inter-personal conflict, one of the
24 of 33 2/24/2017 9:50 AM
disputants is constitutionally expected to bring the matter

before a meeting of members. A committee is then set up to
look into the matter and report back to the meeting. The
report is openly considered at the meeting and the person
considered guilty is immediately fined. If he is unable to pay
the fine, his friends could assist him. An habitual
trouble-maker is allowed to settle the fine himself so that in
future he will not get into the same kind of conflict. A
person judged guilty, who is not satisfied with the verdict
can still appeal to the meeting to reconsider his case. In
most cases, the previous verdict is upheld.
54 Group conflicts often resuit from factional tendencies within
the association. This might be as a resuit of how the
business of the association is conducted. Some members
might not be happy with how officers of the association
conduct themselves. Group conflicts are usually handled by
the central unions. If, for example, there is a conflict within
the ODA that cannot be internally resolved, it is referred to
the Owerri Central Union to which the former is affiliated.
The latter will then set up a committee to examine the
issues involved and communicate its decisions to the Okuku
meeting. If one of the factions in the conflict is not satisfied
with the verdict, the Owerri Central Union will suspend all
the members of the Okuku Development Association. The
matter is then referred to the headquarters in Igboland,
which has to send a delegate to Ibadan to resolve the
conflict. The decision of the delegate, who must have the
support or input of the traditional ruler of the people (i.e,
the Eze) is final. In some cases, inter-personal conflicts may
become so serious that delegates from Igboland have to
come to Ibadan to resolve them.
55 In most cases, domestic conflicts, especially those involving
husbands and wives are not taken to the village or town
unions. This is largely because domestic conflicts occur
more regularly than village meetings are held. Town
25 of 33 2/24/2017 9:50 AM
meetings are usually held once or twice a month, whereas a

man might choose to fight with his wife twice a day.
Domestic conflicts are quickly resolved to maintain the
unity of the family.
56 If a woman is aggrieved or beaten by her husband, the
woman, according to Chief Festus Atuokwu, an Igbo
community leader in Ibadan, might choose to run to her
parents’ house, if they are in Ibadan. If the parents are not
resident in Ibadan, the woman will go to her nearest
kinsmen. In some extreme cases, the woman might go back
to her home town to meet her parents. If the man still wants
his wife back, he has to go and find her, generally
accompanied by his friends who will assist him in appealing
to her to return. A man who falls to do this is believed to be
tired of the woman and prepared to divorce her. After the
woman has been visited in her parents’ house, she is
encouraged by all to return to her husband’s house. A day is
fixed for the final resolution of the dispute when the
relatives of both the man and the woman are brought
together in a forum at which the elders are constituted into
a judicial panel. The case has to be judged in the husband’s
house as a mark of respect to him since he has paid the
bride price on the woman. At the end of the adjudication,
fines, often in the form of material objects, are levied on
whoever is considered to have acted wrongly.21 When there
is peace in the home (especially between spouses) there is
peace in the nation. Among the Igbo, domestic conflict is
seen as an evil that is better prevented than resolved. To this
end, there are social control mechanisms that allow an
aggrieved man to be reconciled to his wife before the conflict
between the two of them becomes to difficult for them
resolve. A man that feels that his wife has behaved badly will
not eat the food prepared by her to show his displeasure.
Normally the woman will employ all the means at her
disposal to appease him. If the man boycotts the food for
26 of 33 2/24/2017 9:50 AM
two days, then by the third day the woman has to buy a
chicken with her money and cook it for the man and sit
down beside him as he alone eats the meat. Most women
will not allow a conflict to escalate to this level before
resolving it. A woman who regularly cooks this kind of
chicken for her man is considered a stubborn woman who
allows her problems to get out of control before seeking a
remedy.22
APPENDIX TO CHAPTER TWO
Customary Arbitration
57 Justice A.G. Karibi-Whyte of The Supreme Court of Nigeria
in the case of Agu v Ikewibe23 made the following
statement;
58 I venture to regard customary law arbitration as an
arbitration in dispute founded on the voluntary submission
of the parties to the decision of the arbitrators who are
either CHIEFS or ELDERS of their community, and the
agreement to be bound by such decision or freedom to resile
where unfavorable.
59 There is a long line of cases24 decided by courts in Nigeria
predating independence in 1960, in which the courts have
recognized and given effect to customary arbitration
employed to resolve disputes by bodies vested with
traditional judicial functions. The relevant point about this
is that it shows that there has been a form of recognition of
the informal system of conflict resolution by the formal
system. A discussion of some of these cases would enable us
to see the attitude adopted by the courts.
Agu v Ikewibe
60 The plaintiff in this case brought an action for the
declaration to title to a piece of land and for damages for
trespassing against the defendant. In his statement of claim,
27 of 33 2/24/2017 9:50 AM
the plaintiff averred that this matter had been settled

between himself and the defendant previously when he had
reported the matter to the chief and elders of their town
who had given judgment in his favour.
61 The Supreme Court held that the arbitration by the elders
was binding on both parties as a valid customary arbitration
and that both parties were estopped from denying the
validity of the arbitral decision.
62 The court held that if the following conditions were satisfied
then the courts would recognize a customary arbitration as
valid and binding on the parties.
1. If parties voluntarily submit their disputes to a

non-judicial body, to wit, their elders or chiefs as the
case may be, for determination; and
2. The indication of the willingness of the parties to be
bound by the decision of the non-judicial body or
freedom to reject the decision where not satisfied.
3. That neither of the parties has resiled from the
decisions so pronounced.
63 It is important to note that in this case, the conflict had

been resolved by elders and chiefs of the community. These
are people, who, by traditional African mode of dispute
resolution, are invested with judicial functions in the
community.
64 The court per Justice Karibi-Whyte was of the opinion that
customary arbitration was not an exercise of judicial
powers, as such there was no conflict with the judicial
powers exercised by the courts. The judicial power of the
Constitution of the Federal Republic of Nigeria contained in
section 6(1) was vested in the courts by virtue of section 6(5)
but customary arbitration is not an exercise of judicial
power because it is not a function undertaken by the courts.
65 Also the court opined that by virtue of section 274(3) and
4(b) of the said constitution, customary law is an "existing
28 of 33 2/24/2017 9:50 AM
law" being a body of rules of law in force immediately before

the coming into force of the 1979 Constitution. Thus
customary law, which includes customary arbitration, was
saved by section 274(3) and 4(b) of the constitution.
66 The court stated that the reason why a court would not
interfere with a valid customary arbitration has its origin in
the legal principle of res judicata. This principle applies so
that where a final judicial decision has been pronounced by
a judicial tribunal having competent jurisdiction over the
case or matter in litigation, and over the parties thereto,
disposes once and for all of all the matters decided they
cannot afterwards be raised for re-litigation between the
same parties or privies.
67 According to Spencer-Bommer and Turner in Estoppel,25
the judicial tribunal may be one which exercises functions
by statute, common law, custom, etc. Thus, estoppel per
rem judicatam will operate in the case of a customary
arbitration as defined above and it did operate in this case.
Okere v Nwoke26
68 This was another case involving a dispute over title to a
piece of land. One interesting point to note is that the
matter was initially reported to the police before being
transferred to an arbitral body, the Amala Parents Teachers
Association (PTA), for settlement. One party claimed that
the police referred the matter to the PTA while the other
party claimed that the PTA intervened and caused the police
to withdraw from the matter. Regardless of which of the
parties’ claims are true, the point remains that there was
some interplay between the informal and formal sectors in
this case.
69 The court held that the matter had been settled by the PTA
according to native law and custom (i.e., oath taking over
the local juju); as such the decision would constitute
estoppel and was binding on the parties.
29 of 33 2/24/2017 9:50 AM
70 The judgement in this case seems to have laid more

emphasis on the fact that customary law was applied, than
on the nature of the body which applied the customary law.
The PTA is not, in our view, a body invested traditionally
with judicial power. However, the learned justice of the
Court of Appeal, Justice Ogundare, who delivered this
judgement quoted excerpts from the 1884 decision of Ekua
Ayafie v Kwamina Bayey27 where it was held that:
71 Where matters in difference between two parties are
investigated at a meeting in accordance with CUSTOMARY
LAW and GENERAL USAGE a decision is given, it is
binding on the parties, and the Supreme Court will enforce
such a decision.
72 It is thus arguable that if an arbitral body employs
customary law in its deliberations, the arbitral decision will
be binding once the conditions precedent as laid down in
Agu v Ikewibe are present, even though the arbitral body is
not a body traditionally vested with judicial powers.
73 It must be noted however that the court referred to the PTA
as a body of elders and that Justice Ogundare quoted
copiously from the judgement of Justice Karibi-Whyte in
Agu v Ikewibe.
74 From this, it is obvious that according to the law in Nigeria,
a body such as the Olubadan-in-Council (see chapter 2), is a
panel whose decisions would be respected by a court of law,
provided certain conditions are met. Care must be taken by
anybody seeking to rely on the decisions of such a
customary arbitral body to make sure that these conditions
are present. The case of Awosile v Sotunbo (see footnote 2)
is an example of one, where in the opinion of the court, the
conditions were not satisfied and the decision of a high
traditional ruler, the Akarigbo of Ijebu-Remo-in-Council
was ignored.
75 This is a very important form of recognition for the informal
channels which adjudicate by employing customary tenets.
30 of 33 2/24/2017 9:50 AM
It is not easy nor advisable to give any unequivocal

comment on the binding effect of customary arbitration in a
sense wider than that done by traditional rulers as the
courts still have a cautious attitude (see the judgements of
Justice Nnaemeka-Agu in Agu v Ikewibe and Awosile v
Sotunbo as well as Justice Akpata in Ohiaeri v Akabeze,
both of the Supreme Court). It might be necessary to await
more litigation in this area before the effect of the
deliberations of bodies such as those discussed in chapters
3 and 4 of this work can be known.
Notes
1. There is a difference between baálè (a chief of a ward/quarter) and a
baálé, the head of a household, which includes the man’s immediate
family, i.e., his wives and children.
2. N.A. Fadipe, The Sociology of the Yoruba, Ibadan University Press,
1970, p. 106.
3. For more information on the area boys syndrome in Nigerian cities,
see Wuyi Omitoogun, The area boys of Lagos: A study of organised street
violence. In: I.O. Albert, J. Adisa, T. Agbola and G. Hérault, eds., Urban
Management and Urban Violence in Africa, Volume 2, IFRA, Ibadan,
1994.
4. Such an incorrigible person could be served eviction notice by his
landlord.
5. G. William, op. cit., p. 114.
6. So Da Bee translates to ‘Is this fair?’ and Agborandun, Those who help
others resolve their problems.
7. The Olubadan is the title of the highest traditional ruler of Ibadan.
8. A detailed study of the contribution of these two television
programmes to conflict resolution in Ibadan is presented in chapter four.
9. For more on this, see Olawale Albert, Women and urban violence in
Kano, Nigeria. Final Report of the project on Women and Urban
Violence in Africa sponsored by the United Nations Centre for Human
Settlements (Habitat), Nairobi, September 1995.
10. Dobash R. Emerson and Russell, Research as social action: The
struggle for battered women. In: Feminist Perspectives on Wife Abuse,
31 of 33 2/24/2017 9:50 AM
Kertsi Yllo and Michele Bograd, eds., Sage Publications, 1988, p. 57;
quoted In: Shathi Dairiam and Elizabeth Devaraj, Malaysia: Success and
setbacks. In: Calling for Change: International strategies to end violence
against women, Joanna Kerr, ed., p. 23.
11. See Bolanle Awe, The rise of Ibadan as a Yoruba power, D. Phil.
thesis, Oxford, 1964; Toyin Falola, The Political Economy of a
Pre-colonial African State: Ibadan, 1830-1900, University of Ife Press,
Ile-Ife, 1984.
12. Toyin Falola, The political system of Ibadan in the 19th century. In:
Evolution of Political Culture in Nigeria. J.F. Ade Ajayi and Bashir Ikara,
eds., University Press Limited, Ibadan and Kaduna State Council for Arts
and Culture, 1985, p. 107.
13. Solomon Olugbenga Ayoade, The methods of dispute settlement
among the Yoruba: The Ibadan customary court as case study, B.A.
Anthropology dissertation, University of Ibadan, December, 1989, chap.
2.
14. Interview with Chief Yinka Ogunsola.
15. For more details on the Hausa immigrants in Ibadan see I.O. Albert,
Urban migrant settlements in Nigeria: A historical comparison of the
Sabon garis in Kano and Ibadan, 1893-1991. Ph.D. thesis, University of
Ibadan, 1994.
16. See I.O. Albert, Hausa political system in the diaspora: The sarkin
Hausawa institution in Ibadan, 1914-1993, Unpublished manuscript.
17. Sabon gari in Hausa literally means ‘new town’, but functions as the
strangers’, quarter/ward in a town. The settlement was established for
Hausa settlers in Ibadan around 1914 with a view to reducing cultural
shock between them and their Yoruba host population. There are also
sabon gari settlements for Yoruba and Igbo settlers in northern Nigerian
cities.
18. C.K. Gluckman, Law and Authority in a Nigerian Tribe. Oxford
University Press, London, 1937; T.O. Elias, Nigerian Law and Custom.
Routledge and Kegan Paul, London, 1951; Ikenna Nzimiro, Studies in Ibo
Political Systems: Chieftaincy and politics in four Nigerian states. Frank
Cass, London, 1972.
19. J. Nzimiro, A study of mobility among the Ibo of southern Nigeria. In:
Kinship and Geographical Mobility, R. Paddington, ed., Leiden, 1965; C.
Okonjo, The western Ibo. In: The City of Ibadan, P.C. Lloyd, A.L
Mabogunje and B. Awe, eds. Cambridge University Press, 1967.
20. For example see Isaac Olawale Albert, Inter-Ethnic Relations in a
32 of 33 2/24/2017 9:50 AM
Nigerian City: A historical perspective of the Hausa-Igbo conflict in

Kano, 1953-1991, IFRA, Ibadan, 1993.
21. Contribution of Chief Festus Atuokwu (a.k.a. WeeWee), Mokola,
Ibadan to the Workshop on Indigenous Knowledge and Conflict
Resolution held at NISER, July 11 and 12, 1995.
22. ibid.
23. [1993] 3 Nigerian Weekly Law Reports Prt. 180 p. 385 at p. 407.
24. (a) Awosile v Sotunbo [1992] 5 Nig. Weekly Law Reports Prt. 243 p.
514.
(b) Ohiaeri v Akabeze[1992] 2 Nig. Weekly Law Reports Prt. 221 p. 1.
(c) Inyang v Essien [1957] Supreme Court of Nig. Law Reports p. 112.
(d) Njoku v Ekeocha [1972] 2 East Central State Law Reports p. 199.
25. 2nd ed. pp. 21-22
26. (1991) 8 Nig. Weekly Law Reports Prt. 209 p. 317.
27. Sarbah’s Fanti Law Reports 38.
© Institut français de recherche en Afrique, 1995
Terms of use: http://www.openedition.org/6540
Electronic reference of the chapter

ALBERT, Isaac Olawale ; et al. 2. Traditional Channels of Conflict
Resolution in Ibadan In: Informal Channels for Conflict Resolution in
Ibadan, Nigeria [online]. Ibadan: Institut français de recherche en
Afrique, 1995 (generated 24 February 2017). Available on the Internet:
<http://books.openedition.org/ifra/718>. ISBN: 9791092312041. DOI:
10.4000/books.ifra.718.
Electronic reference of the book

ALBERT, Isaac Olawale ; et al. Informal Channels for Conflict
Resolution in Ibadan, Nigeria. New edition [online]. Ibadan: Institut
français de recherche en Afrique, 1995 (generated 24 February 2017).
Available on the Internet: <http://books.openedition.org/ifra/705>.
ISBN: 9791092312041. DOI: 10.4000/books.ifra.705.
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Informal Channels for Conflict Resolution in Ibadan, Nigeria - 2. Tradition... http://books.openedition.org/ifra/718?

Informal Channels for Conflict Resolution in

2. Dispute Resolution at Individual Family

Ibadan, the mogaji is formally recognised as the head of an

children can be resolved by the family head or by anyone in

5 In situations where the offence committed by the child is

8 There are instances when parents/guardians fail to deal

3. Dispute Resolution by the Mogaji and

3.1 Land dispute

‘squatter’ (i.e., the buyer of the piece of land) should stop

end up in the Supreme Court, the highest court in the

16 The incidence of multiple ownership of property makes land

3.2 Disputes in the family

19 Occasionally, conflicts may occur between co-wives within a

divorce and allow new wives to be married into the family.

21 To resolve the dispute, the mogaji, as some baálè would also

extent of assaulting each other, the mogaji would give the

However, the parents of the woman would be asked to warn

husband. It is widely believed that the secret lover could

3.3 Disputes over inheritance

deceased, such as land and houses are to be shared. This

since no one is expected to reject the decree of the

4. Conflict resolution by the Olubadan-

Balogun line. His successor has to be the present Balogun.

to what has been said, is/are invited to respond to the

behaviour. This may be demanded in the form of kolanuts

5. The Judicial Systems of Hausa and Igbo

5.1 The Hausa

host community. The sarki also settles disputes among the

complex cases to the palace of the sarkin Hausawa.

5.2 The Igbo

5.2.1 Okuku Development Association

disputants is constitutionally expected to bring the matter

meetings are usually held once or twice a month, whereas a

APPENDIX TO CHAPTER TWO

the plaintiff averred that this matter had been settled

1. If parties voluntarily submit their disputes to a

63 It is important to note that in this case, the conflict had

law" being a body of rules of law in force immediately before

70 The judgement in this case seems to have laid more

It is not easy nor advisable to give any unequivocal

Nigerian City: A historical perspective of the Hausa-Igbo conflict in

© Institut français de recherche en Afrique, 1995

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Electronic reference of the chapter

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