UNIVERSITY OF LAGOS

FACULTY OF MANAGEMENT SCEINCE

INSURANCE 23

COURSE: JIL 121

COURSE COORDINATOR: DR OLABIMTAN

HISTORY OF THE NIGERIAN JUDICIAL / COURT SYSTEM: PRE-COLONIAL JUSTICE

ADMINISTRATION

HISTORY OF NIGERIAN JUDICIARY SYSTEM

According to the popular definition, Judiciary is described as the arm of Government responsible for
interpreting the Law. The Nigerian judiciary has had a history of district eras namely, the period before 1842,
1845 to 1912 to 1953 and 1954 to date. Before the advent of the Europeans, Nigeria had difficult methods of
dispute resolved around their traditional institutions like the Yoruba’s the head of the family settle any disputes
and if he cannot settle it the matter will be taken to the head of the compound until a solution can be found to
the Oba . Among the Igbo ia an acephalous system , there was absence of centralization. while in the North, the
system resolved around the Islamic Legal system i.e. the Sharia where the Emir was the ultimate appellate
Judge.

OBJECTIVES
At the end of this presentation you should be able to:
 Discuss the pre-colonial traditional systems of Yoruba, Igbo and Hausa –
Fulani ethnic groups in Nigeria.
 Explain the pre-colonial traditional judicial administration of Yoruba, Igbo
and Hausa-Fulani ethnic groups in Nigeria.
 State the functions or roles of traditional rulers of Yoruba, Igbo and
Hausa-Fulani ethnic groups in Nigeria.
 Compare the pre-colonial traditional political system of Yoruba, Igbo and
Hausa-Fulani ethnic groups in Nigeria

HISTORICAL ANALYSIS OF NIGERIAN STATE: PRE-COLONIAL ERA

(WESTERN, EASTERN AND NORTHERN NIGERIA)

Pre-Colonial Political System in Yoruba Land

Historical Background
The Yoruba’s form a large group united move by language than culture.
The Yoruba’s trace their origin to Oduduwa who was the founder of the Yoruba kingdom.
Oduduwa had seven sons who later founded the first seven kingdoms of the Yoruba
land and these kingdoms were united under a central leader known as Alaafin of Oyo.
Hatred, jealousy, etc made the first seven kingdoms to split into fourteen new
kingdoms and the central leadership now changed from the Alaafin of Oyo to Ooni of
Ife who is the spiritual Head of the Yoruba. Oyo is regarded as the
Headquarters of the Yoruba and was the most developed kingdom in the Yoruba
traditional society and it administration is accepted as a model or a representation of
the Yoruba. The king in Yoruba land is called Oba, the Yoruba kingdoms were
Headed by the Oba who must be a descendant of the Oduduwa.
The Yorubas regarded Oyo as their political headquarters, the Oba of the kingdom has a special name known as
the “Alaafin”
Political Administration
The political head of every Yoruba kingdom is Oba but that of the Oyo and
Ife kingdom are called “Alaafin” and “Ooni” respectively.
The Alaafin as the political head of the Oyo kingdom is assisted by his son called
Aremo, who is not allowed to succeed him immediately he dies. Oyemesi is the
seven king makers headed by the Bashorun. The Oyemesi is stronger than the Alaafin
and can overrule any decision made by the Alaafin which is not acceptable to it.
The other officials apart from the Aremo include:
1. Ilari:- He is the permanent adviser to the Oba
2. Bashorun:- He is the Chief Minister or Prime Minister of the Kingdom.
3. Baale”- He is the village Head of the administration of the villages
4. Kakanfo:- he is the commander of the kingdom Armed Forces.
The chiefs or Obas and the baale are not appointed by the Alaafin even though they
Receive his blessings.
There are certain limitations or checks and balances to the power of the Alaafin. The
limitations include:-
i. If Alaafin disagrees with Oyemesi and Ilari, the only option open to him is to
commit suicide
ii. Oyemesi could authorize the Bashorun to send empty calabash to Alaafin
Symbolizing rejection by the people. Alaafin is not to commit suicide if this
happens.
iii. Disloyal army commander could revolt
The executive council members also formed the legislature . Laws made
Are executed by the Oba and his council of advisers.
The system of government in the traditional Yoruba society was a loose monarchical
arrangement and highly democratic.

Judicial Administration
The Alaafin was the final court. Certain offences were regarded as serious offences,
these include – murder, burglary,, land case, witchcraft, profaning the deities and
homicide. This kind of offences that attract capital punishment is usually tried in the
Oba’s palace or court. Minor offences such as family quarrels, exchange of abusive
words, owing of debt were hand from the family level to the level where the parties
involved were satisfied with the justice they have obtained. This does not go beyond
the Oba’s court.
The age – grade usually referred to as the “Elegbe” has the
Responsibly to carry out the decision reached in the Oba’s court. For instance, if anybody is to be executed or
imprisoned it is their duty to carry out the instruction or order to the
Last letter.
 PRE-COLONIAL POLITICAL SYSTEM IN IGBO LAND
Historical Background
The Igbos are republican by nature. They maintained a decentralized and a cephalous
society. Igbo society was democratic and egalitarian. In Nigeria, the Igbos generally
occupy the former Eastern Region and a part of the former Mid-Western region. The
Igbo unlike the Yoruba and the Hausa – Fulani, had a complex and complicated
system of administration in pre-colonial era. The Igbo, generally had no kings or
chiefs. They operated a democratic system of government. The executive, legislative
and judicial powers were vested in the Oha-na-eze, the council of elders; the Ofo title
holders; the family; the Ozo title holders; the Age – Grades, the Umuada, and the
“Ala” or the Earth’s goddess represented by a Chief Priest.
Political Administration.
The structural organization of Igbo political system was based on the following:-
1. Village Administration:- A village is seen as inhabited by a group of related
Families. Each family head held the Ofo title and all of them put together
Formed the council of elder. The council governed the village.
2. The Age – Grade:- The age – grade are people of the same age group, they
perform the following functions:-
i. Perform the public duties such as:- clearing the paths, construction of
roads, and markets etc.
ii. They were involved in the administration of the villages
iii. They served as army for the defense of the villages against external
enemy.
iv. They acted as the police force for the maintenance of law and order.
v. They helped in the implementation of policies made by the council of
elders.
vi. They assisted in checking abuse of powers by the paramount rulers and
the council of elders.
vii. They also perform ceremonial and cultural functions during important
Ceremonies in the village or communities.
3. The affairs of the village are discussed from time to time by family head.
4. The villagers make laws for themselves and even the age-grades can enact a
law which the elders would accept.
5. Succession to leadership position was not hereditary in Igbo political system.
6. The political system was of a Republican on. Decisions were reached by
Consensus, different institutions played different important roles in the
Administration and powers were shared by them.
7. Wealthy and influential men in the community or village are given the Ozo
title holders. This title makes the holder to be recognized in the society and
could then preside over meetings about issues affecting the community with
elders.
Judicial Administration.
Minor disputes were settled by the family while major disputes were handled by the
council of elders or “Amala”. The final adjudication of cases was done by the deities.
The age – grades settled cases that are minor among themselves. The Earth goddess
(Ala) plays a great role in judicial functions, for example, offences such as homicide,
murder and birth of abnormal children are crimes against Ala.
The chief takes part in judicial settlement; the whole village may constitute itself into
a court for the purpose of settling disputes. The native doctor called Dibia could also
settle disputes amongst people.
 PRE-COLONIAL POLITICAL SYSTEM IN HAUSA-FULANI LAND
Historical Background.
The Hausa land, before 1804, was made up of fourteen towns grouped into two. The
first group of seven was called Hausa Bakwai while the other group of seven was
balled Banza Bakwai.
The Fulani took over the political leadership of the Hausa or Habe states in the early
19th century. The Jihad that preceded this occupation was seen as religious as well as
political.
Othman Dan Fodio led the Fulani Jihad and took over the political leadership of the
Hausa/Habe and established the Sokoto caliphate with outstanding centralized
political system of government. He introduced a new system of selecting
anpdp o inting rulers described as Emirs to rule the caliphate. Each of the Emirs owed
allegiance to Dan Fodio and his two representatives at Sokoto and Gwandu.
The Fulanis settled in Hausa land and intermarried with the Hausa people after
conquering them and this was how the name Hausa-Fulani came about.
Political Administration
The Fulanis introduced centralized system of government after conquering the Hausa
land. This gave rise to the Hausa- Fulani traditional or pre-colonial system being
known as a centralized government.
The Caliphate was divided into emirates and each emirate was headed by an Emir.
He had the responsibility of making laws, enforcing them and maintaining peace and
order in his emirate. He was expected to administer the emirate in accordance with
the provisions of the Islamic and sharia laws. He was believed to have the divine
right to rule.
However, each emir was assisted in the administration of the emirate by a number of
advisers. These were:-
1. Sarkin Fada:- The spokesman of the Emir and organizer of palace workers.
2. Waziri:- The Prime Minister of the Emirate
3. Galadima:- The Administrator of the capital city.
4. Madawaki”- The commander and Head of the Emirate Army.
5. Maaji:- Government Treasurer in-charge of the government treasury.
6. Sarkin Dan Doka:- Inspector General of Police Force Called Dan Doka.
7. Sarkin Ruwa:- Minister in-charge of Water Resources.
8. Sarkin Pawa:- Head of Chairman of Butchers at the Abattoirs
9. Yari:- Chief Superintendent of Prisons in the Emirate
Judicial Administration
The judicial administration of Hausa-Fulani was based on the Islamic legal system
Called Sharia. Sharia courts were established through out the Emirates and each was
headed by a trained Sharia Court Judge called Alkali. The Emir, despite
the provision , remained the head who had the final say in deciding critical judgments.
The chief justice of the Sharia courts was called Grand Khadi. Village heads settled
Minor disputes in their villages but more serious and criminal cases were referred to
the Emir for final and adequate settlement.
THE ROLES OR FUNCTIONS OF TRADITIONAL RULERS (EMIR, OBA,
OBI ETC IN THE PRE-COLONIAL POLITICAL SYSTEM)
 They were involved in the maintenance of law and order in their domain.
 They appointed subordinate chiefs to help in the administration.
 The traditional rulers were involved in raising and spending of money
 They served as political symbol of unity and power.
 The traditional rulers were also involved in the allocation and sharing of
 communal wealth and resources, including war booties
 Protection of his domain was done to safeguard the domain against external
 aggression. They also declare war and peace.
 Some of these traditional rulers acted as the final court of appeal.
 The traditional rulers planned for the progress and development of various
 communities.
 They awarded traditional titles to deserving citizens.

CONCLUSION
This presentation has attempted the historical account and analysis of the pre colonial Nigerian state. We
focused on the three majority ethnic groups in Nigeria (Hausa-Fulani, Yoruba and Igbo). Nigeria, before the
advent of the European powers intothe country , it had well organized institutions which some of them are still
in place.For example, in the northern part of Nigeria, emirs are found in some parts of it. The Yoruba people
still use the title of Oba, etc.The country also had its executive, legislative and judiciary arms of government
which had laid down rules and regulations for the citizens of various ethnic groups.Each ethnic group had its
own religion. We should therefore, dismiss the idea that before the coming of the British, Africa or Nigeria
had no judiciary system .