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African Traditional Justice Systems are Directly Controlled by the Creator or God Almighty!
Traditional Justice Systems in Sub-Saharan Africa have historically functioned as the main tool in the implementation of justice in society long before it eventually became a complementary tool to the formal State court system that was introduced when the original and traditional functioning of the system was infiltrated by cultures from outside the continent.
These original traditional practices efficiently ruled villages, tribes, ethnic groupings or communities. Their effectiveness eventually pushed the Colonial European Administrators to maintain them as Customary Law.
Considering that there has always been a multiplicity of ethnic groups in Sub-Saharan Africa, it is normal to state that there exists a significant number of traditional justice systems within each African country or more appropriately put within each tribal grouping which doesn’t necessarily correspond to the present structure of nations which was imposed on the continent with little regard to ethnic and cultural reality. Note should be taken that the present dispensation in different African nations as partitioned by European Administrators is not and doesn’t reflect the picture that is being painted here.
The focus here is on the implementation of justice in original African Societies. Different communities normally had and to an extent still have different approaches which of course have lots of similarities that cut across what is today referred to as Africa.
There’s and has always been an awareness in the subconscious of what is good and what is bad. This is what influences decisions that are taken when problems that require judgement arise. This awareness of good and evil has functioned in African Society from time immemorial contrary to the general belief that the capacity to be God fearing only came with the advent of Christianity, Islam or any other religious practice that was introduced into the continent.
In the African Belief System, Justice comes from God!
Justice comes from God Almighty constantly referred to as “the gods”. As such, every daily human action is linked to “the gods”. The expression “the gods” doesn’t necessarily mean that there is more than one Supreme being. It simply means that God operates in many phases. These facets include for example, fertility, justice amongst others.
This perception of the identity of God is not limited to African Religious Practices. It is indeed universal. It is also seen in ancient Greek Mythology. Touches of it are also seen among Christians: “the Father, the Son and the Holy Spirit” but what really matters is that there’s always a way that humans relate with the Almighty and the end justifies the means.
African relationship with the Supreme Being or God Almighty passes through the ancestors. The ancestors are believed to be living in the spiritual realms and are closer to God. The Almighty God exists in all African ethnic groups and is reflected in their respective languages. In the Igbo language in Nigeria God is referred to as “Chukwu”. In the Noni language in Cameroon God is referred to as “Nyoh”. In the Nso language (Lamnso) in Cameroon God is referred to as “Nyuy” and so on.
Among the living, there are people who are called to serve God and this “call” is purely spiritual and usually discerned only by the concerned parties. That’s why in every tribal grouping, there’s always a “Seer” or someone with a Spiritual eye. The Seer communicates directly with the Spiritual Realms and is referred to in some African Communities especially in Eastern Nigeria among the Igbos as the “Eye of the gods”. The closest expression to describe this in English is the “Chief Priest.” The physical place of work is a shrine but his activities are not restricted to space and time. Viewed from a Christian perspective, this physical place is the Church or more specifically that part of the Church which is most holy where Christ actually exists and is alive.
It is common to identify the gifts of spirituality with particular families. This tendency for particular families to be given the duty to intercede on behalf of the rest of the community is not limited to Africa. We see it in the Old Testament among the Jews with the (Levites) Levi family being chosen in the Book of Leviticus to serve as Priests.
The Chief Priests work in collaboration with the Natural Ruler of the Land or the Royal Family. The Ruler or the King takes no decision without consulting the Chief Priest. In this way decisions and judgements are taken and executed to make sure that the affairs of the land run smoothly.
Wrong doing or Sin
The greatest sins include Murder, Stealing, Adultery, Fornication and Incest. These are not all but these are amongst the most abhorred. No matter your religious orientation, these mentioned injustices are considered sin.
Immediately someone is accused of sin, the first thing that is done is to report the suspect to the Chief, Fon, Nfon, Igwe, King or whatever way you choose to call it. Next the King concerts with his inner circle who are custodians of the traditions. After a decision is taken, they then move to the Chief Priest to make sure the decision taken is correct and accepted in the Spiritual realms (the ancestors and the Creator or the Almighty God).
Once the decision is validated by the Chief Priest, the latter prescribes the punishment that should go with the crime in accordance with the traditions. The King then makes the final proclamation and it becomes a decree. In this way, the system functions smoothly.
The Divine Plan of the Supreme Being or God Almighty is to bring all creation back to him. This falls in line with African Religious Practices.
The closest holistic description of humanity’s relationship with God Almighty is depicted in the famous Short Story of the “Six Blind Men and the Elephant.”
This simply means that everyone, group of people or race perceive the Creator through their perception of the world and it is in this way that they can best see God and relate with Him.
Francis Ekongang Nzante
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