The Resilience of Ondo Indigenous Adjudicatory Institutions 1915–1957

Abstract

Prior to the advent of the Europeans and the eventual establishment of the colonial administration in Yoruba land, there was a system of justice and administration of law that was based on the customs and traditions of the people. This legal aspect of Yoruba culture presupposes that peace and harmony had flourished for a very long time in the society. As with other aspects of the culture, the justice system is undoubtedly germane to the dynamism and vitality of the Yoruba culture as a whole. However, with the coming of colonialism and the introduction of colonial administration, a new phase was opened not only in the political history of the Yoruba people but also in the judicial which led to the introduction of a dual system of justice which became a major character of colonial legal system. In spite of the establishment of British-styled Courts, the Customary Courts and the ubiquitous presence of law enforcement agencies, a significant proportion of the populace continued to have abiding faith and recourse to indigenous judicial institutions or tribunals for the resolution of conflicting claims. On this premise lies the central thesis of this chapter which sets out to interrogate the continued relevance of the indigenous adjudicatory systems of the Ondo people. The study explores the juristic thought of the Ondo people and concludes that unlike British-styled Courts and the Customary Courts, religion was used not only to underpin the potency of law in the indigenous tribunal but also to appeal to the supernatural.