When Are Judgement From Shrines, Palaces And Village Meetings Valid?

39 min read 7,674 words 11 views

Daily Law Tips (Tip 816) By Onyekachi Umah, Esq., LL.M,
Aciarb(UK)

Introduction:

Ahead of the intrusion of the Africa by the European plunderers
and colonial master looters, Africa was lawful within its various
unwritten native laws and customs. The traditional and religious
rulers in Africa maintained law and order within their territories,
and resolved disputes in shrines, palaces and village squares (town
halls). On the exit of the direct economic pillagers of Britain
from Nigeria -at the independence of Nigeria- the new Nigeria was
left with western laws and western-inclined institutions as well as
a few native laws and customary institutions. Among the few
surviving native institutions at independence, were the traditional
leaders, religious leaders, village and family heads, youth leaders
and the leaders of markets.

According to The Hague Institute for Innovation of Law (HIIL),
there are over 25 million legal problems per year in Nigeria, with
only 10% problems reaching lawyers. Today, the inadequacy/poor
geographical spread of government-created-and-funded courts and
their notorious sluggishness, bureaucracy, allegedly corruption and
gradual loss of public trust have made the courts unpopular. Even
as disputes are inevitable, the gap in
government-created-and-funded courts, means that Nigerians are
seeking alternative dispute resolution options, to solve legal
problems or rather seeking self-help. The spread of traditional
palaces and the popularity of religious centers (shrines) have made
dispute resolution by and in such institutions common. There are
many judgements from the offices of the offices of the Chief
Priests and that of Paramount Rulers.

No doubt, the modus operandi of palaces and shrines are often
unorthodox and far from the imported English procedures, and this
makes many to question the dispute resolution practices in such
places. This work reveals why some of the judgements (awards) from
shrines, palaces and village meetings are valid. It shows why the
government-created-and-funded courts in Nigeria will honour,
respect and enforce a judgment (award) from shrines, palaces and
village meetings in Nigeria. It considers: Dispute Resolution
Outside the Government-Created-and-Funded Courts; Dispute
Resolution in Shrines, Palaces and Village Meetings; and the
Legality of Judgments (Awards) from Palaces, Shrines and Village
Meetings. Issues of Trial in Secret Cult and Societies; Witchcraft,
Juju and Trial; Trail by Ordeal; Submission to Alternative An
alternative dispute resolution body and its Decision; Fair Hearing
in Shrines and Palaces; and Criminal Law and Unprofessionalism in
Shrines and Palaces. Parts of the Arbitration and
Conciliation Act, the Penal Code, the Criminal Code and the
Constitution of Nigeria were also considered.

Dispute Resolution Outside the
Government-Created-and-Funded Courts:

The Constitution of Nigeria has established courts across
Nigeria to resolve disputes in Nigeria. This includes the Supreme
Court of Nigeria, the Court of Appeal, Customary Court of Appeal,
Sharia Court of Appeal, the National Industrial Court, Federal High
Court and the States High Courts. The constitution further
empowers state legislatures to make laws creating state government
funded courts in states across Nigeria, to resolve disputes in
states across Nigeria. Like the Magistrate Courts, District Courts,
Area Courts, Sharia Courts, Customary Courts and several states
Tribunals. Click to
read & comment now on courts in Nigeria and their powers.^[1]

However, there is no way government-created-and-funded courts
can resolve all disputes in any country and even if they can, some
people may not trust them. Also, some disputes are better resolved
outside the public eyes and in a less dramatic and procedural
venue. By the way, the Nigerian courts are not enough for the
disputes in Nigeria. This and many other reasons, are why there are
non-government-created-and-funded courts across the world. The
non-government-created-and-funded courts are private efforts
towards resolving disputes outside the
government-created-and-funded courts, in less technical procedures
and in accordance with the procedures elected by parties.

The non-government-created-and-funded courts includes, the
standing and adhoc institutions that employ negotiation, mediation,
arbitration or any other alternative dispute resolution mechanism
in resolving disputes outside the government-created-and-funded
courts. Popular among the non-government-created-and-funded courts
for alternative dispute resolution are; Royal Palaces, Council of
Chiefs, Family Meetings, Village Heads, Shrines, Religious groups,
Television Courts, Radio Arbitration, Workplace Arbitration/Courts
and all other informal courts. They can easily be grouped as an
alternative an alternative dispute resolution body. It important to
note that the government-created-and-funded courts sometimes employ
alternative dispute resolution mechanisms and also, government in
some rare cases, create and fund alternative dispute resolution
institutions, too.

To standardize the practices and procedures in arbitration (a
popular alternative dispute resolution option), the federal
government has a federal law (Arbitration and Conciliation Act) and
there are similar laws in states across Nigeria. The laws support
all forms of arbitration and conciliation in
Nigeria. Click to download free copy of the
Arbitration and Conciliation Act. The legislations also
form basis for any person or group of persons to create any form of
informal and lawful alternative dispute resolution outfit. It is
part of the authority of Royal Palaces, Council of Chiefs, Family
Meetings, Village Heads, Shrines, Religious groups, Television
Courts, Radio Arbitration, Workplace Arbitration/Courts and all
other informal courts that resolve civil disputes across
Nigeria.

Dispute Resolution in Shrines, Palaces and
Village Meetings:

Till date, native laws and customs are valid in Nigeria, so far
as there are not contrary to the Constitution of Nigeria and other
written laws in Nigeria. For example, the native laws in most
cultures in Nigeria that allow children to inherit the property of
their parents are recognized and valid in courts in Nigeria but the
part of the culture that disinherits girls and women has been
declared invalid by the Supreme Court of Nigeria. So, the Nigerian
Constitution and laws, being supreme and superior to all native
laws and customs in Nigeria, has the powers to “pick or drop” any
native law that aligns or contradicts it.

Over time, many religions have affected and dominated the
culture and way of lives of its practitioners. Religion as a core
part of social hereditary has also written and unwritten laws and
regulations, geared towards morality and a better life after earth.
The supremacy of the Constitution of Nigeria of Nigeria beclouds
all religious rules, regulations, morals and teachings. As such,
any religious regulation that conflicts with the constitution of
Nigeria is invalid. However, where a religious regulation does not
violate any law in Nigeria, then it could be a good customary law
for its members. This is often the source of law being used in
determined disputes in religious centers and shrines.

There are no laws banning and stopping informal dispute
resolution mechanisms and institutions. So, dispute resolution in
Royal Palaces, Council of Chiefs, Family Meetings, Village Squares,
Shrines and Religious groups according to native laws and customs
or the bye-laws of the concerned organization is valid and
recognized by Nigerian laws, so far as it does not contradict any
part of Nigerian laws.

There are circumstances or situations wherein the judgments of
the Nigerian courts and their practices could be declared invalid
and as such nullified. Also, there are circumstances that could
make the judgments (awards) from Royal Palaces, Council of Chiefs,
Family Meetings, Village Squares, Shrines and Religious groups or
any non-government-created-and-funded courts to be invalid and
nullified. The circumstances are considered below.

The Legality of Judgments (Awards) from Palaces,
Shrines and Village Meetings:

The legality of the judgment (awards) from palaces, shrines,
village meetings and any other alternative an alternative dispute
resolution body, is among the major issues that may deter
disputants from seeking alternative dispute resolution. Can such
judgements (awards) be recognized and enforced? Answering the
questions is giving voice to alternative dispute resolution bodies
in Nigeria.

Nothing answers the above questions better than the words of the
learned jurist at the Court of Appeal in Nigeria. Justice MOORE
ASEIMO ABRAHAM ADUMEIN stated that;

“It is well accepted that one of the many African customary
modes of settling dispute is to refer the dispute to the family
head or an elder or elders of the community for a compromise
solution based upon the subsequent acceptance by both parties of
the suggested award, which becomes binding only after such
signification of its acceptance, and from which either party is
free to resile at any stage of the proceedings up to that point.
This is a common method of settling disputes in all indigenous
Nigerian societies. It is this kind arbitration which the Court
considered in Assampong v. Kwelu & Ors. (1932) 1 WACA 192. In
Phillip Njoku v. Felix Ekeocha (1972) 2 ECLR 199 Ikpeazu, J., held
that: “Where a body of men, be they Chiefs or otherwise, act as
arbitrators over a dispute between two parties, their decision
shall have a binding effect, if it is shown firstly that both
parties submitted to the arbitration. Secondly that the parties
accepted the terms of the arbitration, and thirdly, that they
agreed to be bound by the decision, such decision has the same
authority as the judgment of a judicial body and will be binding on
the parties and thus create an estoppel.” This is a good and
acceptable definition of customary arbitration.” Per, MOORE ASEIMO
ABRAHAM ADUMEIN, JCA (Pp. 18-20, paras. C-B) in the case of
MR. HENRY OSARUMWENSE OBASOHAN v. MR. JULIUS OSARENOMA OBASOHAN
{JNR} (2019) LPELR-47187(CA)

The essence of dispute resolution is to understand parties and
their misunderstanding and then aid parties to return to a state of
no disagreement. The end product of a dispute resolution is a
decision (judgment/award) and the validity of a decision
(especially in non-government-created-and-funded courts) hovers on
the authority of the alternative dispute resolution body, its
conduct and procedure as well as the submission of parties to such
body and its decision. Decisions of
non-government-created-and-funded courts are lawful and legally
binding on parties, unless in few circumstances, where it can be
proven that submission of the parties to the authority and decision
of an alternative dispute resolution body, or its conduct and
procedure are defective.

Trial in Secret Cult and Societies:

Generally, operating, managing, joining or participating a
secret society, unlawful society or cult is a criminal offence in
all part of Nigeria. The Constitution of Nigeria at section 38(4)
expressly prohibits secret societies, their activities and members.
Hence, any non-government-created-and-funded courts that is an
unlawful society or cult cannot give a valid decision. Some
shrines, religious and cultural groups are secret cults and as such
their dispute resolution efforts will never result to a lawful,
valid and binding decisions.

In southern part of Nigeria, the punishment for managers of
unlawful societies in is seven (7) years imprisonment and the
punishment for members is three (3) years imprisonment. In the
Northern part of Nigeria, the punishment for joining an unlawful
assembly is imprisonment for one (1) year or fine or both. Where
such a member is armed with a deadly weapon, the punishment is
imprisonment for two (2) years or fine or both. Knowingly joining
an unlawful assembly that has been ordered to disperse is
punishable with five (5) years imprisonment or fine or both.

Witchcraft, Juju and Trial:

Witchcraft, Juju, Charms, Black Magic, Religious and Spiritual
Manipulations and Misrepresentation, Administration of Concoctions
and Practice of Mysticism are all unlawful and criminal in Nigeria.
However, it is common to find such practices in religious centers,
shrines, palaces and many other venues and in procedures of
non-government-created-and-funded courts. Expectedly, any
non-government-created-and-funded courts (an even the
government-created-and-funded courts) that features any unlawful
practices is criminal and as such, its decisions are tainted,
unlawful and invalid.

In the states in the south of Nigeria, the punishment for using,
buying, selling, witchcraft, juju or charm is two (2) years
imprisonment. The punishment for any chief that promotes or
supports the use, worship or invocation of witchcraft, juju or
charm is imprisonment for three (3) years. Production, sell or hire
of charms is punishable with imprisonment for five (5) years. In
the Northern Nigeria, the punishment for dealing, production, sell
or hire of on Juju, witchcraft is imprisonment for two (2) years or
fine or both. And the where a person uses or is in possession
of juju or witchcraft for the commission of an offence, the
punishment is five (5) years imprisonment, or fine or both, while
eating any part of human corpse is punishable with two (2) years
imprisonment, or fine or both.

Trial by Ordeal:

Trial by ordeal (trial by water, trial by fire, trial by
deities, trial by any painful or dangerous means, trial by chance,
trial by luck and guess work) is unlawful in Nigeria. A trial that
results in loss of body part, death or violation of any human right
is unlawful and criminal. It is common to find dispute resolutions
in palaces and shrines that involve the administration of
concoctions to disputants or disputants being made to take oath to
deities and “holy items”. These practices are unlawful in
Nigeria and as such the outcome of such trials is a waste of time,
a criminal offence and at best the violation of the human rights of
disputants.

In the south of Nigeria, the punishment for trial by ordeal is
ten (10) years imprisonment for the persons that controlled or
presided in such trial and one (1) year imprisonment for any person
that assist in the trail. In the Northern part of Nigeria, trial by
ordeal is punishable with imprisonment for ten (10) years or fine
or both, but where it leads to death, the punishment is death.

Submission to Alternative An alternative dispute
resolution body and its Decision:

Willful submission of disputants to the powers of a
non-government-created-and-funded courts is key for a
non-government-created-and-funded courts to have powers over
disputants. The power of choice is an important feature of any
alternative dispute resolution procedure; parties have the absolute
power to submit or refuse to submit to an alternative dispute
resolution body.

Also, parties have to agree to be bound by the decisions of an
alternative dispute resolution body. Where parties submit to an
alternative an alternative dispute resolution body, they have to
also agree to be bound by the decision of the body at all stages of
trial and even after a decision is reached. If the free submission
of parties either to the body or to the decision of the body is
missing, then the alternative dispute procedure is missing. This is
far from what is obtainable in the government-created-and-funded
courts, where such courts employ their government powers and
officers to compel parties to submit to it, without giving any
power of choice to parties (especially, the party dragged to
court).

So, where an alternative dispute resolution body drags parties
to appear before it by force or fraud, the decision of the dispute
body is invalid. Many shrines and palaces force persons to appear
before them, some use juju, charms, deceit or threat to life to
compel attendance and participation. Such practice is an
infringement of human rights and a violation of parties right to
submit and not to submit to a non-government-created-and-funded
court and its decisions. Hence, the decision of an alternative
dispute resolution body that is based on the fake submission of
parties gotten by fraud or force is invalid and illegal.

Fair Hearing in Shrines and Palaces:

Fair hearing is key to any determination and resolution of
dispute. Parties must be given adequate and equal opportunity to
prosecute their cases. This does not mean that parties will be
offered forever to prosecute their cases. However, failure to offer
fair hearing to parties can invalidate the decision of
non-government-created-and-funded courts (and any other court).
Also, non-government-created-and-funded courts must adhere to only
the issues laid before them by parties to resolve and as such must
abstain from acting beyond their powers.

Criminal Law and Unprofessionalism in Shrines and
Palaces:

Expectedly, a negligent, biased and unprofessional alternative
dispute resolution body cannot beget a lawful and binding decision.
Also, criminal cases are matters that cannot be handled by
non-government-created-and-funded courts, rather only
government-created-and-funded courts can handle them, in line with
laws that create such crimes. So, an attempt to resolve a criminal
dispute by a palace or shrine or an alternative dispute resolution
body is a sheer waste of time.

Conclusion:

Royal Palaces, Council of Chiefs, Family Meetings, Village
Squares, Shrines and Religious groups
(non-government-created-and-funded courts) have powers to resolve
disputes, where and when disputants willfully submit to them and
their decisions. In resolving disputes, the
non-government-created-and-funded courts must exercise their powers
lawfully and ensure there is no abuse of human rights or abuse of
justice. Where there is an abuse, the decisions of a
non-government-created-and-funded court are jeopardized and may be
invalidated.

In summary, “For a customary arbitration to be valid, it
must be shown: (a) that parties voluntarily submit their disputes
to a non-judicial body, to wit, their elders or chiefs as the case
may be for determination; and (b) 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; (c) that
neither of the parties has resiled from the decision so
pronounced.” BITRUS GYARAZAMA SANGA, JCA in the case of ELDER
MACAULAY EKEZIE & ORS v. ELDER FRIDAY O. TASIE & ORS (2019)
LPELR-46451(CA).

My authorities, are:

Sections 1, 2, 3, 4, 5, 6, 36, 38(4), 230, 231, 236, 237, 238,
249, 250, 254, 256, 260, 261, 265, 266, 270, 271, 275, 276, 280,
281, 287, 291, 292 and 318 and 319 of the Constitution of the
Federal Republic of Nigeria, 1999.
Sections 1 to 58 of the Arbitration and Conciliation Act.
Sections 62, 62A, to 68, 207 to 213 of the Criminal Code Act,
1916.
Sections 1, 3, 4, 5, 100 to 105, 214 to 219 of the Penal Code
Act, 1960.
The judgment of the Supreme Court of Nigeria (on the meaning
and nature of arbitration) in the case of KANO STATE URBAN
DEVELOPMENT BOARD v. FANZ CONSTRUCTION COMPANY LIMITED (1990)
LPELR-1659(SC)
Judgment of the Court of Appeal (on nature and practice of
Customary Arbitration) in the case of HENRY OSARUMWENSE OBASOHAN v.
MR. JULIUS OSARENOMA OBASOHAN JNR} (2019) LPELR-47187(CA)
Judgment of the Court of Appeal (on conditions for customary
arbitration to be binding) in the case of ELDER MACAULAY EKEZIE &
ORS v. ELDER FRIDAY O. TASIE & ORS (2019) LPELR-46451(CA)
The Hague Institute for Innovation of Law, “Justice Needs and
Satisfaction in Nigeria 2018” (HIIL, 2018) https://www.hiil.org/wp-content/uploads/2018/07/HiiL-Nigeria-JNS-report-web.pdf ^[2]
accessed 25 July 2021
Onyekachi Umah, “Legality of the New Bishop’s Court of
Onitsha Anglican Diocese” (LearnNigerianLaws.com, 28 June
2021) < https://learnnigerianlaws.com/legality-of-the-new-bishops-court-of-onitsha-anglican-diocese/^[3]> accessed 25 July
2021
Onyekachi Umah, “Can The Evidence Act Apply To Arbitration Or
Customary Court Of Appeal” (LearnNigerianLaws.com, 10 April 2019)
<https://learnnigerianlaws.com/can-the-evidence-act-apply-to-arbitration-or-customary-court-of-appeal-daily-law-tips-tip-308-by-onyekachi-umah-esq-llm-aciarb-uk/^[4]> accessed 25 June
2021
Onyekachi Umah, “Are courts in Nigeria Administratively
Independent of the Chief Justice of Nigeria and the Supreme Court?”
(LearnNigerianLaws.com, 20 April 2020) <https://learnnigerianlaws.com/are-courts-in-nigeria-administratively-independent-of-the-chief-justice-of-nigeria-and-the-supreme-court-daily-law-tips-tip-551-by-onyekachi-umah-esq-llm-aciarbuk/^[5]> accessed 25 June
2021.
Onyekachi Umah, “The Nigerian Court For Ships and Aircrafts
Matters” (LearnNigerianLaws.com, 11 November 2020) <https://learnnigerianlaws.com/the-nigerian-court-for-ships-and-aircrafts-matters/^[6]> accessed 25 June
2021
Onyekachi Umah, “Courts That Can Hear Cases of Fundamental
Human Rights In Nigeria” (LearnNigerianLaws.com, 2 May 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-92-courts-that-can-hear-cases-of-fundamental-human-rights-in-nigeria/^[7]> accessed 25 June
2021.
Onyekachi Umah, “ECOWAS Court as a Weak Alternative to Nigerian
Courts” (LearnNigerianLaws.com, 20 May 2021) <https://learnnigerianlaws.com/ecowas-court-as-a-weak-alternative-to-nigerian-courts/^[8]> accessed 25 June
2021
Onyekachi Umah, “An Alternative to Courts for Human Rights
Cases” (LearnNigerianLaws.com, 14 May 2021) <https://learnnigerianlaws.com/an-alternative-to-courts-for-human-rights-cases/^[9]> accessed 25 June
2021
Onyeakchi Umah, “How To Know If A Judge Is Fair Or Not: The
Test For Justice” (LearnNigerianLaws.com, 15 September 2020)
<https://learnnigerianlaws.com/how-to-know-when-a-judge-is-fair-or-not-the-test-for-justice/^[10]> accessed 25 June
2021
Onyekachi Umah, “What is Plea Bargain, If Criminal Cases Cannot
be Settled Out of Court?” (LearnNigerianLaws.com, 10 July 2020)
<https://learnnigerianlaws.com/what-is-plea-bargain-if-criminal-cases-cannot-be-settled-out-of-court-daily-law-tips-tip-606-by-onyekachi-umah-esq-ll-m-aciarbuk/^[11]> accessed 25 June
2021
Onyekachi Umah, “Which Court Can Hear Cases Of Land Disputes In
Villages And Rural Communities In Nigeria” (LearnNigerianLaws.com,
12 December 2018) <https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-247-which-court-can-hear-cases-of-land-disputes-in-villages-and-rural-communities-in-nigeria/^[12]> accessed 27 June
2021.
Onyekachi Umah, “Which Court Can Try Cases Of Bounced/Dud
Cheque In Nigeria?” (LearnNigerianLaws.com, 18 October 2018)
<https://learnnigerianlaws.com/daily-law-tips-by-onyekachi-umah-esq-tip-208-which-court-can-try-cases-of-bounced-dud-cheque-in-nigeria/^[13]> accessed 27 June
2021.

Sabi Law Projects:

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnTheBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this
topic or any other via onyekachi.umah@gmail.com,
info@LearnNigerianLaws.com or +2348037665878 (whatsapp). To receive
free Daily Law Tips, join our free WhatsApp group via https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN ^[14] or Telegram group, via
the below link: https://t.me/LearnNigerianLaws ^[15]

To keep up to date on all free legal awareness projects of Sabi
Law Foundation, follow us via

Facebook Page:@LearnNigerianLaws ^[16],

Instagram:@LearnNigerianLaws ^[17],

Twitter: @LearnNigeriaLaw ^[18],

YouTube: Learn Nigerian
Laws ^[19],

WhatsApp Groups via (https://chat.whatsapp.com/L7h4f1exItZ38FeuhXG4WN ^[20]),

Telegram Group: (https://t.me/LearnNigerianLaws ^[21]),

Facebook group: (https://www.facebook.com/groups/129824937650907/?ref=share ^[22])

or visit our website: (www.LearnNigerianLaws.com ^[23] )

Please share this publication for free till it gets to those
that need it most. Save a Nigerian today! NOTE: Sharing, modifying
or publishing this publication without giving credit to the author
or Sabi Law Foundation is a criminal breach of copyright and will
be prosecuted. This publication is the writer’s view not a legal
advice and does not create any form of relationship. You may reach
the writer for more information.

This publication is powered by www.LearnNigerianLaws.com ^[24] {A Free Law
Awareness Program of Sabi Law Foundation, supported by the law firm
of Bezaleel Chambers International (BCI).} Sabi Law Foundation is a
Not-For-Profit and Non-Governmental Legal Awareness Organization
based in Nigeria. For sponsorship and partnership, contact:
sponsorship@learnnigerianlaws.com, sabilaw.ng@gmail.com or +234 903
913 1200.