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11 Jan

JURISPRUDENCE 2.10 INTRODUCTION TO AFRICAN JURISPRUDENCE

AFRICAN JURISPRUDENCE.

Chiefly/Kingship: Northern Part, Yoruba with ways of checking. Calabash opened, expected to kill himself. Calabar with Obong.

Acephalous/Chiefless: Igbo enweghi eze. Chiefless societies operate Gerontocracy i.e. rule by council of elders, Age Grade which represent the ethos and morality.

The judicial system is reconciliatory rather than adjudicator. This is what ADR borrowed. Natural Justice also operated as only a wicked elder would not hear the other side.

Customary law was largely unwritten but binding. Punishments like banishment, ex-communication and shame can be meted. Law enforcement also there. E.g. Ogboni and oro, Ekpe for Efik, Poro of Mende. The lawyers then just tried to reconcile without making a living.

Professor Oyebode shares the view of Roberto Unger that law is the glue that holds the society together. KINDLY READ CHAPTER 2 OF THE BOOK NOTED EARLIER IN THE OUTLINE.

Isochukwu

Quite eccentric really

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