HUMAN RIGHTS AND ACCESSIBLE JUSTICE DURING THE PROCEEDINGS OF IGWES-IN- COUNCIL IN STATE,

SUBMITTED TO

Access to Justice Programme 3rd Floor, AP Plaza Adetokumbo Ademola Crescent Wuse II, Abuja

CONSULTANTS

1. Dr. Felicia N. Monye (Principal Researcher) 2. Dr. Nkoli N. Ezumah 3. Dr. Daniel S. Ugwu 4. Mr. Boniface D. Umoh

December 2003

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Table of Contents Pages

Cover page…………………………………………………..…………………….i Contents…………………………………………..………………….……………ii Abbreviations…………………………………………...………………….……..iv Glossary…………………………………………………………………….…….v List of Tables…………………………………………………………………..…vi List of Figures……………………………………………………………………vii List of Boxes……………………………………………………..……………..viii Acknowledgements………………………………………..…..…………….……ix Executive Summary. ………………………………………………………...…...x 1.0 Introduction..…………………………………….………………………………...1 1.1 Background of the Study………………………………………..………………...3 1.2 Expected Outputs of the Research……………………………..….………………4 1.3 Background Information of the Study Area…………………………..……… …..7 2.0 Assignment Report…………………………………………………………..……7 2.1 Methodology/Strategy……………………………………………….…….………7 2.2 Analysis, Results and Observations………………………………………….. …..9 2.2.1 Social and Economic Characteristics of Respondents…………………………….9 2.2.2 Traditional Structures and Procedures for Dispute Resolution………………….14 2.2.3 Anatomy of the Igwe-in-Council…………………………….…………….……18 2.2.4 Types of cases that can be taken to the Igwe-in-Council……….…………….…21 2.2.5 Procedures for taking disputes to the Igwe-in-Council..………………………...23 2.2.6 Actual use of Igwe-in-Council by respondents………………..………………..25 2.2.7 Average Duration for dispute resolution by the Igwe-in-Council……..………...26 2.2.8 Duration of cases involving women in Igwe-in-Council……………………..….27 2.2.9 Perception of the poor on Igwe-in-Council, Practices and procedures…….……27 2.2.10 Openness and Accessibility of Igwe-in-Council to the poor……………………28 2.2.11 Practices of Igwe-in-Council and women…………………..……………………30 2.2.12 Openness, Accessibility and Human Rights Issues in the practices and procedures of Igwe-in-Council………………………………………………….33 2.2.13 Human Rights Issues……………………………………………………………..34 2.2.14 Advantages and Disadvantages of the Igwe-in-Council over the formal courts 37 2.2.15 Best practices of the Igwe-in-Council and formal courts………………………. 42 2.2.16 Respondents Suggested Reforms of the Igwe-in-Council……………………….44 2.2.17 Igwes Abilities and Limitations …………………………………………………46 2.2.18 Actual and potential interface between the Igwe-in-Council practices and Procedures and those of the formal courts………………………………………48 3.0 Conclusions and Recommendations…………………………………………….54 3.1 Highlights of the study………………………………………………………….55 3.2 Highlights of the Igwe-in-Council Proceedings…………………………………58 3.3 Summaries of Similarities/Differences of the study communities………………59 3.4 Experiential Learning……………………………………………………………59 3.5 Action Points/Recommendations………………………………………………..60 4.0 References………………………………………………………………………63

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5.0 Appendices……………………………………………………………………… - Terms of References………………………………………….….. - Questionnaire……………………………………………………. - Core Questions and In-depth Interviews/Focus Group Discussion Guide………………………………………………………. - Guide for Observation of Igwe-in-Council Proceedings…….. - Photographs - Sketch Map of Enumeration Areas………………………………. - Map of Study Area………………………………………………

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Abbreviations CBOs Community based Organisations

CSOs Civil Society Organisations

FGDs Focus Groups Discussions

IDIs In Depth Interviews

LGAs Local Government Areas

NGOs Non-Governmental Organisations

IIC Igwe-in-Council

ENSG Government

DFID Department For International Development of the British High Commission

A2J Access To Justice Programme

NPC National Population Commission

UNDP United Nations Development Programme

NCE National Certificate in Education

OND Ordinary National Diploma

HND High National Diploma

EAs Enumeration Areas

NDHS Nigerian Demographic and Health Survey

FGN Federal Government of Nigeria

ADR Alternative Dispute Resolution

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Glossary

Council of Elders A group of elderly men in the community.

Dispute/Conflict A state of disagreement between two or more persons or group

Eze udo King of peace

Free-born Not born as a slave

Igwe The traditional ruler of an autonomous Community especially in the Igbo ethnic Community

Igwe-in-Council The Igwe and members of his cabinet; the highest traditionally recognize administrative unit in a Community

Indiscipline Aberrant behaviour In-laws One’s relatives by marriage especially the parents of one’s husband or wife

Inyomdi Association of married women in a Community

Kinsmen Relatives

Laws of the land Laws emanating from the customs and practices of the community

Masquerade A male cult which is believed to depict the spirit world and is characterised by the masking of the face and body

Non-free-born Opposite of free-born

Security cases Cases affecting the safety of life or property

Umuada Daughter of the lineage. The Umuada of every Kindred that make up a linage have blood relationship

Umunna Kin based units whose narrowest reference is the children of the same father but of different mothers; its widest references is the patrilineal members real or putative, whom one cannot marry

Vigilante A member of a group of people who try to prevent crime or punish criminal in their community especially because they think the police are not doing these.

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List of Tables

Table 1 – Characteristics of the Respondents

Table 2 – Traditional Structures for Conflict Resolution and kinds of Conflicts Handled

Table 3 – Opinion of Respondents on the Need to use Other Structures before the IIC by Sex

Table 4 – Opinion of Respondents on the Need to use Other Structures before the IIC by Age

Table 5 – Opinion of Respondents on the Need to use Other Structures before the IIC by Education

Table 6 – Respondents reasons for using other Structures before the IIC by Sex

Table 7 – Kinds of Disputes handled by IIC according to Sex of Respondents

Table 8 – Knowledge of the Right Procedures for reporting cases to IIC according to Sex

Table 9 - Knowledge of the Right Procedures for reporting cases to IIC according to Age

Table 10 – Distribution of Respondents according to actual use of IIC and Outcomes

Table 11 – Duration for Resolution of Cases before the IIC

Table 12 - Duration for Resolution of Cases before the IIC according to Gender

Table 13 – Beneficial Aspects of IIC to the poor

Table 14 – Distribution of Respondents by Age according to the Perception of the openness and accessibility of IIC to the poor

Table 15 - Detrimental Aspects of IIC according to Education

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List of Figures

Figure 1 – Distribution of Respondents by Age and Location

Figure 2 – Distribution of Respondents by Shelter Characteristics and Location

Figure 3 - Distribution of Respondents by Level of Education and Gender

Figure 4 - Distribution of Respondents by Income and Gender

Figure 5 - Perception of Male Respondents of the Practices of the IIC as the affect women Figure 6 - Perception of Female Respondents of the Practices of the IIC as the affect women Figure 7 – Perception of Right to Life by Age

Figure 8 – Respondents' Perception of Freedom of Worship by Age

Figure 9 – Respondents’ Perception of Right to Freedom of Speech

List of Boxes

Box 1 Igwe-in-Council Proceedings No. 1

Box 2 Igwe-in-Council Proceedings No. 2

Box 3 Igwe-in-Council Proceedings No. 3

Box 4 Igwe-in-Council Proceedings No. 4

Box 5 Satisfactory Resolution of Disputes

Box 6 Equality of Treatment

Box 7 Igwe-in-Council Proceedings No. 5

Box 8 Reconciliation of Parties No. 1

Box 9 Reconciliation of Parties No. 2

Box 10 Fairness of the Igwe-in-Council

Box 11 Highlights of the Igwe-in-Council Proceedings

Box 12 Summary of Similarities/Differences Between the Study Communities.

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Acknowledgements

We express our immense appreciation to the Access to Justice Programme, Abuja for giving us the opportunity to research into this interesting system of justice.

In particular we thank Dr. Lola Odubekun, the Research and Evaluation Manager, for her general supervision and incisive comments on the draft report which helped us to address other areas of importance.

Our special thanks go to Mrs. Gloria Egbuji, the Enugu State Justice Adviser for her constructive criticisms and active participation in the project. Her familiarity with the study communities was a big asset which in fact led to a balanced choice of communities.

We thank Mr. Danladi Plang, the programme officer for his co-operation and necessary assistance.

In a special way, we thank the Igwes of the four communities we covered for giving us the freehand to conduct the research. These are H. R. H Igwe Ezeigwe C. A Abangwu, the Igwe of Eha Alumona, H. R. H, Igwe F. O. Nwatu, the Eze-Agabi II of Ihuokpara, H. R. M, Igwe Linus M. Ekete, the Ezeogo II of Ugwuogo Nike and H.R.H, Igwe Barr. J. U. Nnaji of Umunwene Nike. We also thank H.R.H Igwe E. A. Chukwu of Okpanku for his hospitality even though his community was eventually dropped to make room for a balanced geographical spread.

We express our gratitude to the field assistants for helping to achieve the goals of the project.

We are grateful to the Consumer Awareness Organisation for providing free accommodation for meetings and collation of data throughout the duration of the project. ix

Executive Summary

A study of human rights and accessible justice during the proceedings of Igwes-in- Council in Enugu State, Nigeria was carried out between July and September 2003. The primary goal of this project was to examine the structures, procedures and processes for resolution of civil disputes and minor criminal matters in Igwes-in-Council as well as explore the possibility of translating the identified best practices into models of good practice for the formal courts and vice versa.

The study was carried out in two (2) communities selected through a multi-stage sampling procedure. These were Eha – Alumona in East Local Government Area of Senatorial Zone and Ihuokpara in Local Government Area of Senatorial Zone. Data collection was done by the use of focus group discussions (FGDs) (14), in-depth interviews (IDIs) (28) and structured questionnaires (300). These were complemented with 4 observations of proceedings during the Igwe-in- Council at Umunwene Nike, Ugwogo Nike, Ihuokpara and Eha – Alumona communities.

Content analysis was used to analyse data from the IDIs and FGDs. Data from the structured questionnaires were coded and analysed using the statistical package for social sciences (SPSS).

The survey results show that traditional structures such as the Council of Elders (oha), kinsmen (umunna), wives associates (Inyom di), daughters of the family (Umuada) and age grades (otu ogbo), complement the role of the Igwes-in-Council in conflict resolution in the communities. The kinds of disputes handled by the Igwe-in-Council include land disputes, chieftaincy cases, matrimonial disputes, assaults/fighting, sexual abuse, destruction of farm crops by domestic animals, masquerade cases and intra/inter community conflicts.

The study also reveals some practices and procedures of the Igwe-in-Council that are discriminatory and unfair to women. These include lack of representation and non- participation of women in Igwe-in-Council proceedings. They are not involved in dispute resolution before the Igwe-in-Council. They only appear as parties or witnesses.

Another discriminatory and restrictive practice is seen in the area of masquerades. According to the Igbo tradition, women are not allowed to watch masquerades nor participate in masquerade activities. It is an exclusives male cult. The system imposes restriction on the movement of women at certain times of the day when the masquerades are out

Women are also discriminated against in matters relating to land. They are not allowed to participate in land cases because they are perceived as strangers to the communities. This is because of their dual status as wives of their matrimonial communities/villages and daughters of their natal communities/villages. This dual status creates the problem of dual allegiance or loyalty, which may tempt them to disclose vital information concerning a case in dispute to their natal community. This feeling is premised on the belief that a x woman’s allegiance is stronger for her natal village or community than her a final village or community. The same problem of allegiance is perceived even where a woman is married within the same community

Aspects of the Igwe-in-Council practices and procedures that can be held as examples of best practices were identified to include fair judgement, openness and accessibility, speedy resolution of disputes and affordability or cheap cost of obtaining justice, among others. These were considered models for the formal courts.

Examples of best practices of the formal courts that may constitute elements of reform for the Igwes-in-Council include record keeping/documentation of proceedings, and involvement of women in their membership structure and proceedings.

Key action points deducible from the research results for the reform of the traditional justice system (Igwe-in-Council) include adoption of record keeping/documentation of Igwe-in-Council proceedings, capacity building/training for members of the Igwe-in- Council, representation of women in the Igwe-in-Council, review and implementation of enabling customary laws, and net-working of key stakeholders in the justice system in Enugu State.

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Introduction

1.1 Background of the Study

As human beings are open to interaction in a society, conflicts are bound to erupt. These may be conflicts of opinions or conflicts relating to major disputes. Conflicts are seen as human nature. To ensure the continued existence of society in the mist of multifarious conflicts, a body of rules exist in every society for the regulation of behaviour and provision of justice. The justice system is determined by the nature of the society and its people.

It has been pointed out that justice is an essential condition for development and that an efficient justice system is particularly important to the poor (Egbuji 2003). Indeed access to justice is essential to the peaceful co-existence of the inhabitants of any given community. To be meaningful and acceptable, the justice system must be seen to be fair and transparent. A cardinal thrust of this is the observance of human rights.

Cranston (1967) defines human rights as “something of which no one may be deprived without a great affront to justice”. The 1999 Constitution of the Federal Republic of Nigeria contains an impressive list of rights, which are regarded as fundamental. These include right to life, dignity of the human person, personal liberty, fair hearing and freedom from discrimination. It is settled that a breach of any of these rights invalidates a proceedings.

Despite legal provisions, access to justice is greatly influenced by a myriad of societal factors. Almost everywhere, men and women; the rich and poor, the sick and the healthy differ substantially from each other in power, status, and freedom as well as exercise of their rights in the constitution and access to justice. In virtually all societies, men, for instance have more power than women have (Berer, 1996), Evaluation Project, 1997; Helzner, 1996; Riley, 1997; Onyeneho, 2002). Here, “power” is a broad concept that describes the ability or freedom of individuals to make decisions and behave as they choose within the statutes or constitution of their society (CEDPA, 1998; 1996; Pfannenschridt, et al., 1997).

Access to justice requires that people should be able to use the law or the courts without the intervention of lawyers for less complicated matters and without fear of bias or corruption on the part of justice system officials (DFID, 2002). In the year 2000, 94 percent of Nigerians perceived some corruption in the area of the rule of law and a majority of respondents believed that people `always’ bribe officials. Most people expressed no trust for the police. Although 58.3 percent of Nigerians reported feeling safer in 2000 than they did five years prior, roughly 40 percent of people knew someone who had been a victim of crime within the previous two years (IFES, 2000). This situation has serious implications for the social emancipation of the people both psychologically and socially. This also comes as hindrance to the people’s exercise of self will and initiative for meaningful development and social growth.

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It has been noted that Enugu State is 80 percent rural and that the citizens prefer to take their legal disputes before the traditional rulers rather than the formal courts. As a result, traditional rulers deal with minor criminal matters and with the bulk of the non-criminal cases at first instance particularly land law issues and family matters (DFID 2002). At the community level this function is performed by the Igwe-in-council i.e. the traditional ruler and chiefs of the villages comprised therein.

The Igwe-in-council is the traditional institution constituted to make, interpret and enforce customary laws within a defined territory. Depending on occasions and type of political system, most customary laws are made and interpreted by the Igwe-in-council or council of elders (Ottenberg, 1959). Certain laws like those binding members of an occupational group or associations are made, interpreted and enforced by the titled men, the secret societies, the Umuada and the age grade (Ezumah 1983). But in most communities the Igwe-in-council is the highest dispute resolution body. Often male members of the society who have made great achievements in society dominate the Igwe- in-council.

With the advent of colonial rule, the Igwes-in-council were reconstituted and permitted to continue on the condition that the laws and customs emanating from them were not repugnant to natural justice, equity and good conscience (Balonwu, 1975). Unfortunately, in societies with male dominance ideologies like the Igbos it is difficult to ensure that such justice system is practised with equity and good conscience. According to Iwe (1975), there is always the great danger of conflict between legal positivism, on one hand and indigenous values, which promote gender and class distinctions.

This is not to say that the traditional justice system has remained static. The efforts of non-governmental organisations have had some influence on the human rights outlook of the Igwe-in-council leading to review of some discriminatory customs and practices. The government has also passed some laws in this regard. An example of an enactment aimed at eradicating some harmful and obnoxious traditional practices is the Prohibition of Infringement of a Widow’s and Widower’s Fundamental Rights Law 2001. In addition, a bold step was taken by the Governments of Anambra (which included Enugu) and Imo in 1977 to codify customary laws of the various communities. The Customary Law Manual produced through this exercise has achieved some degree of certainty and leaves no one in doubt as to the law relating to any given matter. It also provides a good framework for review as the need arises. Other actions aimed at streamlining and strengthening the traditional justice system include the Traditional Rulers Law, 1981; the Enugu State Council of Traditional Rulers Law, 1996 the Enugu State Autonomous Communities (Recognition) Edict, 1999 and the Enugu State Autonomous Communities (Recognition) Edict, 1999 Instrument of Recognition of Autonomous Communities in Enugu State.

The foregoing notwithstanding, administration of justice by the Igwe-in-Council is seriously impeded by factors such as funding and absence of documentary evidence or statistical data on the processes and procedures of justice in these fora. As regards the latter, even though the proceedings of the IgweS-in-council are recorded in the “Records xiii

Book”, such records are not available for public scrutiny and may not serve as precedents for future dispute resolutions.

The traditional rulers are key players in the traditional justice system, who need to be engaged in the reform programme of the justice sector if the poor and vulnerable are to benefit from the outcome of the reform process due to their heavy reliance on alternatives to courts (A2J, Enugu state 2002). This is the more so given the inadequacies of the formal system to provide the justice needs of the vulnerable members of the society. Shortcomings of the formal system such as high cost, delay in the administration of justice, rigid application of rules and inability to address the issue of post-dispute reconciliation of the disputants have made the informal system indispensable. The Igwe- in-Council provides the needed option at the community level.

Considering the important role the Igwes-in-Council play in the administration of justice at grassroots level, the need to strengthen them for fair and speedy dispensation of justice cannot be overemphasised. This will position them for amicable settlement of disputes and reduce the strain on the formal courts.

This research provides the needed data for formulation of an accessible and acceptable traditional justice system.

1.2 Expected Outputs of the Research

The anticipated outputs of the research as specified in the terms of reference are as follows;

• A comprehensive overview of the structures, procedures and processes available for the resolution of civil disputes and minor criminal matters by the Igwe-in-Council in Enugu State. • A reporting of what participants say about the advantages and disadvantages of Igwe-in-council dispute resolution proceedings over processes and procedures of the formal courts. • A reporting of what Igwes say about the advantages as well as the challenges in fully meeting their responsibilities. • An assessment of the openness and accessibility of structures and the impartiality of procedures in Igwe-in-council Proceedings. • Suggested areas of intervention to promote justice for women and poor people in the resolution of civil disputes and minor criminal matters. • A description of the linkages or areas of interface (actual or potential) between the Igwe-in-council proceedings and those of the formal justice sector. • Suggestions for ways to translate the beneficial aspects of Igwe-in-council proceedings into models of good practice for the formal courts and vice versa.

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1.3 Background Information of the Study Area

The study was located in Enugu State, South Eastern Nigeria. Enugu State lies between latitudes 5o 55’ and 7o 10’ North and Longitudes 6o 5 0’ and 55’ East. It is bounded in the North by Kogi and Benue States, in the East by Ebonyi and Abia States, in the South by Ebonyi, Abia and Anambra States and in the West by .

Administratively, the State is divided into 17 Local Government Areas. The 1991 population census figure was 2.1 million with a 2001projected figure of 2,809,125. About 55.1 percent of the population is above 15 years (NDHS, 2000). The state is predominantly rural and agrarian, with 78.3% of the population living in rural Local Government Areas. About 65% of the working population are farmers. The age/sex structure of the population of Enugu State is broadly similar to the overall pattern for Nigeria, 50.7% are males and 49.3% females. The population dependency ratio is also high 49.6% in the rural areas and 50.4% in the urban area (Ukwu, 1998). Enugu State has 425 autonomous communities (Enugu State Autonomous Communities (Recognition) Edict 1999 Instrument of Recognition of Autonomous Communities in Enugu State)

A multi stage sampling procedure was used in the selection of the study areas. The study covered two rural communities randomly selected from two local government areas (LGAs), one from each of the three senatorial zones of Enugu State. The pilot study was done at Umunwene Nike, a rural community. Igwe-in-Council proceedings were observed in the two study communities, the pilot community as well as Ugwogo Nike, the only Council that has female members

Enugu North Senatorial Zone

From the Enugu North senatorial zone, Nsukka East Local Government Area was randomly selected. Within this LGA, Eha - Alumona was randomly selected out of the 44 communities in this LGA (see the Enugu State Autonomous Communities (Recognition) Edict, 1999 Instrument of Recognition of Autonomous Communities in Enugu State No. 2, vol.ii). Eha – Alumona has a population of 31299 out of which males are 14085 and females 17214 (National Population Commission Census 1991) and a 1996 projected population of 36,129 (National Population Commission).

Enugu East Senatorial Zone.

In Enugu East senatorial zone, Nkanu East Local Government Area was randomly selected. From the 32 communities within Nkanu East Local Government Area (ibid No.2 vol.ii), Ihuokpara was randomly selected.

Ihuokpara has a population of 6,236 (males 2,924 and females 3,312) based on 1991 National Population Census and a projected population of 7,198 in 1996 (National Population Commission). xv

Ihuokpara

Ihuokpara is one of the autonomous communities of Enugu State. Located in Nkanu East Local Government Area with headquarters in Amagunze, Ihuokpara is made up of nine major villages namely, Uzam-Unor, Uzam-Agu, Amangene, Njiagu, Amankwo-Unor, Amankwo-Agu, Amafor-Unor, Amafor-Agu and Amunakwa.

The community shares boundary with Akpugo in the West, Amagu-Nze in the North, Nara in the south and Ugbawka in the East. To the North and South, the community also shares boundary with .

Oral, anthropological and archeological evidence reveals that the ancestors of Ihuopkara originated and later migrated from an area called Agabienta around Agabi, (a town in the present ) hundreds of years ago. The founder and originator was one late “Eneayalu”. He had seven sons from several wives. The sons were named Nnachima, Enechima, Umuani Agom, Umuchita, Umuokpa, Umuanagu and Akainyi. After the death of their father, a scuffle ensued and his sons decided to vacate their enclave known as Agabi (another name for Ihuokpara). The mantle of leadership fell on Nnachima as directed by their late father. The family under the leadership of Nnachima settled temporarily at Nvu-odolu at Akpugo in Local Government Area. They later left to settle at the present Ihuokpara at the square called Ubevu, customarily known as (Ezi-obodo Eneayalu) meaning the home of Eneayalu. All the important traditional ceremonies, rites, conventions and customary deliberations are held at Ubevu in commemoration of the ancestry right of Eneayalu (Nwatu 2002).

Ihuokpara is endowed with abundant natural resources and in particular, vast and fertile land. The citizens are predominantly farmers producing a variety of food crops such as yam, cassava, rice, coco-yam, grains, vegetables, fruits and other items, though at subsistence level. They practise mixed farming with yam as the chief crop.

There are four primary schools in Ihuokpara and one community secondary school. There is no tertiary institution.

This study reveals that all children are sent to school in recent times. Consequently, there is hardly any child that is not exposed to basic education. However, many youths drop out of school due to poverty. But such youths rarely remain in the community but rather migrate to the towns and cities for skill acquisition.

In terms of basic social amenities, the community lags behind. There is no electricity supply and no pipe-borne water. There are nine shallow bore- holes, which normally dry up during the dry season. Many of the roads lack maintenance.

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Eha-Alumona

Eha-Alumona, an autonomous community, is located in Nsukka Area of Enugu state with headquarters in Umabor, Eha - Alumona. The name, Eha-Alumona is derived from the name of the founder of the community, Eha-Alumona. Eha-Alumona was one of the sons of Alumona Attah Idah, Igala land in present . Another set of people also migrated from Nri in Anambra State and settled in Eha-Alumona. This gave rise to the existence of two power blocs in the community, namely Ehamulueze and Ezeokpaka.

Eha-Alumona community is made up of thirty three villages namely, Amundi, Umu- Uturu, Ogboduele, Ossari, Amaochime, Ama-onu, Amaudara, Awofia, Umueje, Umualagu,Umu-agbo, Ugwuanyanwu, Umu-gwuogwu, Umu-Arima, Amaokpara, Umuogiri, Ishiofu, Ukwuaji, Umuideni, Amaechelu, Umude, Ogbodu okanya, Amaezike, Amokwembu, Umuoba, Nguru, Enugu-Akwari, Ugbele, Akwari, Akwari-Ani, Ugwuezegwu, Ishiakpu and Amukwa.

Eha-Alumona shares boundary with Mbu in the East, Nsukka, in the West, Orba in the North, Ogbodu-Aba Community in the North-East and Opi in the South.

Infrastructures

There are three public primary schools as well as a few privately owned schools. The government-owned primary schools lack almost all the basic facilities needed for quality education. The community has no secondary school but has some private commercial schools. There is a religious tertiary institution, the Spiritan School of Philosophy located at Isienu, Eha-Alumona.

One major road traverses the community in addition to other un-tarred roads. Some electric poles adorn the community but electricity is not extended to the hinterland. To serve the economic and commercial needs of Eha-Alumona is a market located along the expressway road.

On the health sector, the community has no hospital but a maternity home that is poorly equipped. There is no functional pipe borne water in the entire community. The boreholes, which were sunk by the government in 1965, have all dried up

Natural Resources

Eha-Alumona is blessed with abundant land, an oil well, which is yet to be tapped, and other natural resources. There exists a lake (Isusu lake), which has the potential of a tourist centre if developed.

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2.0 ASSIGNMENT REPORT

2.1 Methodology/Strategy

Research Design and Scope

The research followed a single round survey design. This has been found useful in descriptive and explorative studies (Fisher et al; 1991; and Cleland, 1990) such as this. It provides valid cross-sectional picture of the demographic characteristics and issues, among other advantages. It is aimed at the exploration and description of the perceptions on human rights and accessible justice during the proceedings of Igwe-in-Council in Enugu State. In this study, a cross-sectional data set was collected from the study subjects by questionnaires, in-depth interviews (IDIS), Focus Group Discussions (FGDS) and observation of proceedings of Igwe-in-Council

Sample Size

A sample size of 300 comprising 150 respondents (75 males and 75 females) per community was targeted for the administration of the structured questionnaires. They were drawn at household level. A total of 30 persons were targeted for the in-depth interviews (IDIS) and 16 focus group discussions (FGDS). Respondents were purposively drawn from members of the Igwe-in-Council, those who had taken disputes to the Igwe-in-Council and at household levels in line with determined categories for selection of participants for the IDIS and FGDS.

Instruments and Methods of Data Collection

The major instruments chosen for collecting data for the study were structured questionnaires, in-depth interviews (IDIS) and Focus Group Discussions (FGDS). A triangulation of all these methods provided in-depth knowledge and information on the community perceptions, and attitudes towards the Igwe-in-Council justice system as well as data on the processes of the Igwe-in-Council justice system. A uniform set of questionnaire was also administered to all participants to obtain information on the socio/demographic characteristics of the respondents in the study. A total of 15 IDIS were conducted at Ihuokpara while 13 were conducted at Eha – Alumona. The respondents for the IDIS at Ihuokpara comprised the Igwe, Igwe’s wife, 2 members of the Igwe-in-Council, 2 male disputants, 2 female disputants, 2 male farmers, 2 female farmers, 2 female teachers/opinion leaders and 2 male opinion leaders. Participants in IDIS from Eha – Alumona comprised the Igwe, 2 members of the Igwe-in-Council, 1 female chief, 2 male disputants, 1 female disputant, 2 male farmers/masons, 2 female farmers, 1 male opinion leader and 1 female opinion leader/teacher.

At Eha – Alumona we were unable to interview the wife of the Igwe because she was not available at the time the study was conducted. Also it was not possible to identify a second female disputant who was willing to be interviewed. A total of 14 FGDS, 8 at Eha – Alumona and 6 at Ihu - Okpara were conducted. Each FGD comprised 8 – 9 xviii respondents. The criteria for selecting participants for the FGDS were age (youth/adult) and education. In each community the FGDS consisted of 4 adult (2 male and 2 female) groups; and 4 youth (2 male and 2 female) groups. However in Ihuokpara we did not conduct FGD with uneducated youths because we could not identify youths (male or female) who had not received some level of education.

Many of the youths who are not able to attend school are invariably residing with relations or those who engage them in domestic services in urban areas and who in turn are providing them with some education/skill training

Training of Field Assistants

A one-day training of 10 field assistants was conducted prior to the commencement of data collection. The training provided an overview of the research, which covered the background, purposes, objectives and expected outcomes of the research on Human Rights and Accessible Justice During the Proceedings of Igwes-in-Council in Enugu State. It also discussed the methodology for the study. It entailed a detailed discussion of basic issues involved in the administration of questionnaires, IDIS and FGDS. The study instruments were used for illustration and demonstration. Efforts were made to provide local translations of key words used in the questionnaires as well as in the FGD and IDI discussion topics and guidelines. Role-plays were also organised among the field assistants to ascertain to what extent they had grasped the topics discussed. Vital information on household listing was also provided.

In addition to the trained field assistants, two members of the National Population Commission assisted us with household listing of both communities, Ihuokpara and Eha – Alumona, used for the main study. The sketch maps of the enumeration areas (EAS) used for the study were given to all the enumerators to serve as guides to them in the field. This ensured that there were no cases of double interviewing of the same respondents. (see appendix).

Data Collection

Data were collected in two phases. Phase one involved a pre-test of all the instruments. This was carried out in Umunenwe Nike, in Enugu East Local Government Area. The pre-test lasted 4 days. Two IDIS of a cabinet member and a male chief were used to test the IDIS discussion topics and guidelines. One (1) FGD for adult females was conducted to test the FGDS discussion topics and guidelines. Furthermore 20 questionnaires were administered to respondents at household level to members of the community. This was preceded by household listing of households in the community to facilitate the selection of respondents. The data generated were analysed using descriptive statistics such as frequencies and cross tabulation of relevant variables in the data set. Data from the FGDS and IDIS were analyzed by content analysis. Necessary modifications were effected in both the questionnaires and FGDS and IDIS discussion topics and guidelines after the pilot study.

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Phase two involved the main study during which all the revised instruments were administered at Ihuokpara and Eha – Alumona. These included 300 questionnaires (150 at Ihuokpara and 150 at Eha – Alumona), and 14 FGDs (8 at Eha – Alumona and 6 at Ihuokpara. These were also complemented with observation of four sets of proceedings during the Igwes-in-Council at Umuenwene Nike, Ugwogo Nike, Ihuokpara and Eha – Alumona.

Data Management

Content analysis was used to analyse the data from the IDIS and FGDS. The data from the structured questionnaires were coded and analysed using the Statistical Package for Social sciences (SPSS)) to provide frequencies and run cross tabulations of relevant variables in the data set. Charts are also used to describe the findings where necessary.

2.2 Analysis, Results and Observations

2.2.1 Social and Economic Characteristics of Respondents

Given the potential influence of peoples’ background on their perception of justice, attitude to justice and human rights as well as their use of existing structures for conflict resolution in the community, this section summarises the social, economic and demographic characteristics of the respondents.

Table 1: Characteristics of the Respondents. Gender Gender Frequency Percentage (%) Male 153 51 Female 147 49 Total 300 100

Age (years) 15 – 25 90 30.2 26 – 35 70 23.5 36 – 45 56 18.8 46 – 55 38 12.8 56 – 65 24 8.1 66 and above 20 6.7 Average Age 25.4 years

Monthly income (N)

Monthly income (N) Frequency Percentage (%) < 1000 100 34.2 1100 – 5,000 117 40.1 5100 – 10,000 32 11.0 10,200 – 15,200 12 4.1 15,300 – 20,300 13 4.5 20,400 – 25,400 6 2.1 xx

25, 500 – 30,500 7 2.4 30,600 – 35,600 1 0.3 36,700 + 4 1.4 Average monthly income N4, 727

Household size

(No. of persons)

Frequency % 1 – 5 93 36.9 6 – 10 139 55.1 11 – 15 15 5.9 15 + 5 1.9 Average Household sizes 6.4 100

Marital Status Married 169 56.9 Single 103 34.7 Separated 1 0.3 Widowed 17 5.7 Divorced 7 2.4

Religion Christianity 266 89.5 Traditional Religion 31 10.4 Educational Attainment Frequency Percentage No formal Education 62 20.6 Primary School Attempted 38 12.6 Primary School Completed 65 21.6 Secondary/Commercial School Attempted 34 11.3 Secondary/Commercial School Completed 50 16.6 NCE/OND 33 11.0 HND/Degree 18 6.0 Primary Occupation frequency percentage Farming 106 35.3 Trading 61 20.3 Artisan 10 3.3 Civil Servant 52 17.3 Private Sector Employment 10 3.3 Pensioner 6 2.0 Unemployed 55 18.3

Shelter Characteristics frequency percentage Thatched Roof Mud House 17 6.0 Zinc roofed Mud House 89 31.3 Thatched Roof Cement Walled House 6 2.1 Zinc Roofed Cement Walled House 172 60.5 xxi

Table 1 shows a near gender balance in the selection of respondents at the study locations. Males form 51% of the sample and females 49%.

The table shows that the respondents came from various age groups. The youths (15-25 years) constitute 30.2 percent of the respondents with gradual declines in the proportions of persons in the sample as the age rises as follows; for age bracket 26-35 (23.5%), 36-45 (18.8%), 46-55 (12.8%), 56-65 (8.1%) and 66 and above (6.7%).

It is apparent from the data that young adults (26-35) and middle-aged persons (36-45) have migrated to the cities in response to the rural urban drift in search of means of livelihood. The preponderance of young persons in the study area depicts the national population scenario, which is also characterized by large proportion of young persons who constitute 44.9% of the total population. (NPC 1998, Umoh 2001).

100 90

80 70

60

Percent 50 Ihuokpara Eha-Alumona 40 Total 30 20

10 0 15 - 25 26 - 35 36 - 45 46 - 55 56 - 65 66 and above Fig 1: Distribution of Respondents by Age and Location

Source: Field data 2003 xxii

100 90 80 70

60

Percent 50

40

30 20 Ihuokpara Eha-Alumona 10 Total 0 thatched zinc roofed thatched zinc roofed

mud house mud house cement cement wall wall

Fig 2:Distribution of Respondents by Shelter Characteristics and Location

Source: Field data 2003

HND/University education

NCE/ONE completed

secondary/commercial

secondary/commercial

primary school compl

primary school attem

no formal education Total Respondents Female Male 0 20 40 60 80 100 120 Fig 3: Distribution of Respondents by Level of Education

and Gender Source: Field data 2003

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N36700 and

Level N30600 - Total

of Female N25500 - Income Male N20400 -

N15300 -

N10200 - N5100 - N1000 - N5000 per

0 20 40 60 80 100 120 Percent

Fig 4: Distribution of Respondents by Income and Gender

Source: Field data 2003

The average monthly income of the respondents, which is four thousand seven hundred and twenty-seven Naira (N4, 727) is three times higher than the National average per capita income of N1, 250 (UNDP 1996:25). It need however be noted that the high average monthly income noted may be masking the large proportion of the respondents (33.3%) that earn not more than one thousand Naira monthly, which is below the national average. It should be noted that household incomes in predominantly subsistence agricultural communities vary with seasons (harvest seasons are bumper seasons).

The statistics show a relative higher income by women in four out of the nine income categories. There are two possible explanations for this. In the first place some respondents were not willing to dispose their income. But women were more forthcoming in this regard. Also in the communities more women are involved in farming activities especially palm oil processing, which is quite lucrative. Women generally are younger than their husbands and so have stronger energy to farm. They are equally engaged in trading including long distance trading.

Household sizes in the study communities are high. Average number of persons per household in the communities is 6.4 persons.

Typical of most rural communities in Nigeria, marriage is universal. 56% of the respondents are married. Those separated or divorced account for 0.3% and 2.4%of the sample population. These respective figures attest to the stability of marriages in the communities. This is not to say that marriages in the study communities are not without problems. As revealed by the study, some of the cases presented before the Igwe-in- Council and other traditional structures for settlement involved adultery and other xxiv matrimonial conflicts. But this does not negate the fact that marriages are stable. Many marriages subsist in spite of problems. Although the study did not focus on the reasons for the subsistence of marriages in the study communities, the popular belief is that even in the face of serious problems most women choose to stay on because of their children and the importance attached to marriage in the traditional system. In fact previous studies have demonstrated that the fear of stigma associated with broken marriages and concern for the welfare of children are some of the factors that compel women to remain in unhappy marriages (Ezumah 1983).

In terms of religion, 89% of the respondents are Christians, while 10.4% are adherents of traditional religion. On education, there is little disparity between male and female attainment at all levels except for respondents that completed primary school and secondary/commercial school) where the male proportion is higher. At the total aggregate level, (see graph on education) more females than males have acquired one form of education or the other.

Occupationally, farming and trading are the dominant primary occupations of the respondents. 35.3% are engaged in farming, while trading absorbs 20.3% of the respondents. Unemployed persons constitute 18.3% of the sample population. The shelter characteristics of the respondents show elements of modernity. 60.5% of respondents live in zinc roofed cement walled houses as against 6% that reside in thatched mud houses. In fact zinc roofed cement walled houses are as seen as a mark of status symbol in the study communities.

2.2.2 Traditional Structures and Procedures for Dispute Resolution

Conflict is inevitable in human societies. Members of each society that are desirous of maintaining peace and enhancing development create structures for mediating in conflicts as the need arises. In Enugu State, elaborate traditional structures for conflict resolution exist. They mediate in conflicts before they escalate or are taken to the Igwe in council for resolution.

Respondents’ knowledge of the existing structures for conflict resolution in their domain as indicated in table 2 can influence their justice seeking behaviour when faced with conflicts.

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Other Structures

Table 2: Traditional structures for conflicts management and kinds of conflicts handled.

Structure Kinds of conflicts handled Council of Elders (Oha) Land disputes, title/chieftaincy disputes and other customary cases, inter village disputes, minor criminal cases, matrimonial cases/family disputes, masquerade cases, and security cases. Wives Associates (Inyom di) Matrimonial cases, assaults, conflicts over family resources. Kinsmen (Umunna) Land cases, criminal cases, adultery/matrimonial conflicts, destruction of farm crops In-laws (Ndi Ogo) Matrimonial cases, burial related cases, poison allegation Daughters of the family (Umuada) Misbehaviour, conflict among kinsmen, poison allegation, matrimonial cases, conflicts between parents and children Age Grade (Out Ogbo) Masquerade cases, misconduct among members of the age grade adultery/family disputes, stealing, debt recovery. Vigilante group (Ndinche obodo) Security problems, stealing, fighting, destruction of farm crops by domestic animals, breach of the peace, non-participation in communal work. CBO’s (e.g. churches, men’s and Teenage pregnancy cases, youth restiveness, women’s associations) recovery of fines among members, security problems, fighting and drunkenness, destruction of farm crops by domestic animals. Others (Town Unions, Youth groups Inter/intra village disputes, indebtedness, assault, and Social Clubs) indiscipline, masquerade cases, teenage pregnancy and sexual abuse.

* Table 2 deals with structures other than the Igwe-in-Council. * * The listing is not in order of importance or status.

From the summary (Table 2), it is evident that there are overlaps in the types of conflicts that each of the structures handles. Women groups (Umuada and Inyom di) do not handle land cases or arbitrate in masquerade cases no matter the circumstances.

Need to Use Other Structures Before the Igwe-in-council

Respondents were asked to state if it was compulsory to go through the other traditional structures for conflict resolution before going to the Igwe-in-Council. Results are summarised in tables 3 and 4.

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Table 3: Opinion of respondents on the need to use other structures by sex. Compulsory to go through Male other structures N Female Responses 298 Frequency % Frequency % Yes 92 63.4 106 69.3 No 53 36.6 47 30.7 Total 145 100.0 153 100.0 *Missing cases = 2

Table 3 shows that there is no significant gender difference in peoples’ opinions (females 69.3%, males 63.4%) that conflicts must go first through the other traditional structures for mediation before going to the Igwe-in-council.

Table 4: Opinion of respondents on the need to use other structures according to Age. Compulsory to go through Proportion of Respondents by Age other structures 15 – 25 26 – 35 36 – 45 46 – 55 56 - 65 66 + Yes 62 (31.5) 47 (23.0) 34 (17.3) 24 (12.2) 20(10.2 13(6.0) ) No 28 (28.6) 23 (23.5) 22( 22.4) 14(14.3) 4(4.1) 7(7.1) Total 90 70 56 38 24 20 N = 298

* Note: figures in parenthesis are percentage responses

In terms of age, youths (15 – 25 years) constitute the largest proportion of respondents that indicated that conflict must be taken to other structures before being taken to Igwe- in-Council. Curiously, the proportion of respondents that thinks it is necessary making first attempts at arbitration with other structures prior to approaching the Igwe-in-council shows a progressive decline with the age of the respondents.

Table 5: Opinion of respondents on need to use other structures before Igwe-in-Council according to Education. Level of Education Compulsory to go through structures Yes No No formal Education 46 (23.0) 15 (15..3) Primary School attempted 22 (11.0) 16 (16.3) Primary School completed 48 (24.0) 18 (18. 4) Secondary/commercial school attempted 23 (11.6) 11 (11.2) Secondary/commercial school attempted 31 (15.7) 19 (19.4) NEC/OND 21 (10.6) 12 (12.2) HND/University Degree 11 (5.6) 7 (7.1) N=300

* Figures in parenthesis are percentage responses xxvii

Table 5: depicts respondents’ opinion on the necessity to use the other traditional structures before the Igwe-in-Council on the basis of education. From the table it is evident that education or lack of it does not reduce the importance and the need to use the other identified traditional structures in resolving conflicts before they get to the Igwe-in- Council. 23.7% of respondents without formal education believe it is compulsory for one to go through the structures before the Igwe-in-Council as against 15.3% that say that it is not compulsory. 5.6% of respondents with university education also affirm it is necessary to use the other structures for resolving conflicts before going to Igwe-in- Council as against 7.1% that think otherwise

The use of these structures in conflict arbitration by respondents irrespective of gender, age and education is indicative of the level of peoples’ adherence to the hierarchical structure of dispute settlement.

Reasons for using other traditional structures before the Igwe-in-Council

Respondents were asked to give reasons why they channel or think conflicts should first be tried by the other structures before being taken to Igwe-in-Council. Reasons advanced by various attributes of the respondents are summarised in table 6.

Table 6: Respondents reasons for using other structures before the Igwe-in-Council according to gender.

Reasons Male % Female % responses responses Demands of tradition 80 27.0 82 26.3 To enhance peace 71 24.0 74 23.7 To protect one’s image 48 16.2 57 18.3 To reduce burden on the Igwe 26 8.8 30 9.6 Economic reasons 36 12.2 30 9.6 For speedy resolution 29 9.8 33 10.6 Mark of respect for structures 6 2.0 6 1.9 N= 296 310 * Figures and percentages are based on multiple responses

On the basis of gender, survey results show that the proportion of respondents who adduce the same reasons for taking their conflicts to the other structures for resolution before consulting the Igwe-in-Council for mediation does not vary significantly among males and females. For instance, while 27.0% of male respondents gave their reason as the demands of tradition, 26.3% of females also gave the same reason. As it were, the demands of tradition are the most important reason offered by respondents for using the structures. Typically if judgement is made on a particular case between disputants, and one of the parties takes it to another structure for arbitration, reference is often made to the judgment of the first structure that heard the case.

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2.2.3 Anatomy of the Igwe-in-Council

The Igwe-in-Council is a traditional justice system established to administer justice at the community level among other things. The Traditional Rulers Law 1981, which deals with traditional rulers and their functions in Enugu State, does not use the phrase “Igwe-in- Council but uses the phrase traditional rulers. But simply put, Igwe-in-Council means the Igwe and members of his cabinet

Composition

The Igwe-in-Council is composed of the Igwe and a number of Chiefs representing the various villages that make up the community. The word “Chief” means a traditional chieftaincy title or honorary chieftaincy title conferred on a person by a community or a recognised chief of a community which shall not attract government recognition and shall not entitle such a person to operate under the title and style of “Igwe” or “Obi” or to ascribe to himself the title “His Royal Highness” or “His Highness” (section 2 Traditional Rulers Law 1981)

A “recognised chief” means an “Igwe” or “Obi” selected or appointed by a town or community as the town’s or community’s traditional ruler and recongnised as such by the governor in accordance with the law. Such a recognised chief shall ascribe to himself the title of “His Highness” (section 2)

The Igwe is the head of the Council and presides over all meetings. In his absence, the traditional prime minister presides. The cabinet has a secretary who keeps the records of the proceedings of the Council.

The law does not impose any restriction as to gender. But men dominate many Igwes-in- Council in Enugu State. The compositions as regards the communities studied are as follows

1. Eha-Alumona – 24 men and one female chief (honorary member) 2. Ihuokpara – Regular cabinet 18 men; special cabinet-men and women. The regular cabinet is the arm that resolves disputes. Members of the special cabinet can only attend when invited. 3. Nike (Umuenwene) – 45 men 4. Ugwogo Nike – 32 (21 men and 11 women)

It can be seen from the foregoing composition that with the exception of Ugwogo Nike, the other communities visited have only males in the dispute resolution arm of the their cabinet. This calls for a review of the system to ensure fair representation of women. The results of this research are to the effect that the idea of inclusion of women is becoming popular. The Igwe of Eha-Alumona and Ihuokpara explain the exclusion on grounds of tradition but are not opposed to the idea of inclusion. The Igwe of Ugwogo who has been operating with female members since year 2000 when he embraced the idea states as follows: xxix

Women in the cabinet are very experienced. I have seen the difference. Before people thought that women could not do anything, but I have tested it and seen the difference. In fact, their presence brings competition in the cabinet. A lot of things have changed since I brought them into the cabinet. People display their wisdom…. There is no discrimination against women because we have found out that women have wisdom just like men.

Appointment/ Selection of the Igwe and Members of his Cabinet

The Igwe is appointed/selected by the community which he represents. After the appointment or selection, the community is required to send the particulars of the person so selected to the Governor through the local government for recognition. Such particulars shall include i. The traditional ruler’s personal name ii. The chieftaincy designation or title, which shall be either “Igwe” or “Obi” and iii. The date on which he was selected or appointed as such traditional ruler (section 6)

The recognition of a person as a traditional ruler and the withdrawal of such recognition shall be published in the gazette (section 8). The other members of the cabinet may be appointed/selected by the Igwe or the villages they represent depending on the community.

Functions

A major function of the Igwe-in-Council (which is derivable from the functions of the Igwe) is to reconcile disputing parties in civil matters whether or not such matters are of the customary law of the community, which the disputing parties bring to it for reconciliation (section15 (1)(f)). The Council deliberates and takes decisions on any other matter brought before it. The nature of disputes usually brought before the Igwe-in- Council for settlement are analysed in subsequent section of this report.

Regularity and Frequency of Meetings

This research shows that the Igwe-in-Council meets at fixed intervals. In the two communities investigated Eha-Alumona and Ihuokpara, the Igwe-in-Council meetings are held once a month on a particular market day (Sunday Afor for Eha Alumona and Sunday Nkwo for Ihuokpara). However, emergency meetings are held when the need arises.

The frequency of the meetings is rather low. This accounts for the backlog of cases experienced by some council. Many respondents are of the view that frequent meetings will ensure speedy resolution of cases that arise from time to time.

xxx

Criteria for Selection

The appointment of the Igwe is governed by section4 of the Traditional Rulers Law. By this section, the Governor shall not recognize any person as a traditional ruler of a town or community unless he is satisfied that such a person (a) was selected or appointed in accordance with the i. Customary law of the town or community concerned; or ii. Town or community constitution, where documented; (b) has broad support of his town or community (c) is not under twenty-one years of age (d) is not a full-time public servant; (e) is ordinarily resident within the area of his town or community; (f) has not been convicted in any part of Nigeria of a capital offence or any offence involving fraud and sentenced to death or to a term of imprisonment; or if he has been so convicted and sentenced, has received a free pardon; (g) has not under any law for the time being in force in Nigeria been found or declared to be of unsound mind or adjudged to be a lunatic, or if he has been found, adjudged or declared, has received a certificate of sanity; and (h) has good reputation

It can be seen from the above provision that any credible member of the community who fulfills the stated criteria can be appointed. There is no restriction in terms of gender or social status. But for now, the post appears reserved for men. This research shows that there is no female Igwe in Enugu State. As regards other members of the cabinet, any person of integrity can be appointed to represent the villages that make up the community.

Tenure

The tenure of the Igwe is for life except if removed on stated grounds. These include breach of code of conduct between him and the community which he represents, allegation of gross misconduct or if he ceases to enjoy the popular support of his community. He can also be removed if the removal is necessary in the interest of peace, order and good government (section 10).

Any other member of the cabinet can serve for life except if removed according to laid down causes including gross misconduct.

As regards the Igwe, this rarely happens. The communities investigated under this study do not have any such history. The Igwe of Eha Alumona, H.R.H. C.A. Abangwu has been on the throne for forty-one years while the Igwe of Ihuokpara, H.R.H. F.O. Nwatu has served for twenty-seven years

The system of removal serves as a check on the conduct of members and ensures that they operate within the terms of their appointment. xxxi

Remuneration

Members of the Igwe-in-Council receive no financial remuneration for their services. Results of the perceptions of respondents on this matter are analysed in the appropriate section of this report.

2.2.4 Types of cases that can be taken to the Igwe-in-Council directly

Many respondents assert that conflicts can be taken directly to the Igwe-in-Council for adjudication. Yet, others believe that going to the Igwe-in-Council should be done if the other structures are unable to resolve the conflict satisfactorily.

Table 7: Kinds of disputes handled by the Igwe-in-Council according to gender of respondents.

Gender Kind of case Male % Female % frequency frequency Land cases 126 49.8 127 50.2 Matrimonial cases/adultery 70 43.2 92 56.8 Inheritance cases 20 50 20 50 Damage to farm crops 18 58.1 13 41.9 Intra/inter community conflicts 50 53.8 43 46.2 Refusal to participate in communal labour 2 66.7 1 33.3 Minor criminal cases 74 46.3 85 53.5 Misunderstanding between different 16 45.7 19 54.3 religions 376 400 * Percentages are based on multiple responses

Cases identified by respondents that are commonly handled by the Igwe-in-council are similar to the ones that are handled by other structures.

49.8% of male respondents and 50.2% of female respondents think that conflicts over land are the types of conflict that the Igwe-in-Council handles. This prominence of land related cases before Igwe-in-Council is indicative of the importance people attach to land in the area. It also typifies the general deficit trend in farmlands in this predominantly agricultural area. Inadequate farmlands among the various communities in South East Nigeria amidst its very high population density explains in part the rising tide of migration of young men and women from these areas to other places in the country (Ukwu et al 1998; Umoh 2001). In Igbo tradition a woman has no right to land ownership and also has no right of inheritance to family property. On account of this tradition, she is rejected as an heir to her husband’s property (Okoye 2001).

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Box 1: Igwe-in-Council Proceedings No. 1 The case before the Igwe-in-Council was a land dispute between two villages. The Igwe introduced the matter and called the petitioners to state their case. They reiterated their title to the piece of land and the fact that the respondents were trying to dispossess them unjustly. On their part, the respondents informed the council that the case was before a high court in Enugu and that the court had granted them an order their continue to work. According to them, the injunction previously ordered against them had been discharged. The petitioners denied knowledge of any such case before any court. The parties were directed to call their witnesses. The witnesses came in one after the other to testify while the parties remained outside. At the end of the exercise, both parties and their witnesses were asked out to enable the council deliberate on the submissions of both parties. After taking the views of cabinet members, the Igwe expressed his own view. There after, the parties and their witnesses were called in and the igwe ruled as follows 1.Parties should maintain the status quo till 8 September 2003 when the case will be taken by the cabinet 2.That the cabinet should visit the piece of land in dispute on a fixed day with both parties in attendance 3.That the cabinet should investigate the claim that the case was pending before the court.

After the ruling, the parties were given a further chance to comment on the verdict. While the petitioners accepted the verdict without reservations the respondents said that waiting till September will impose a huge financial burden on them having incurred a lot of expenses on the equipment particularly, the caterpillar The Igwe stressed the need to handle the case with caution because of its delicate nature. He said that it was necessary to deliberate on the matter formally at the next sitting of the cabinet to make room for proper investigation. He urged the parties to exercise patience till the fixed date and to maintain the peace. The people (including the parties and their witnesses) shouted Igwee as a sign of respect and acceptance of the verdict.

Many respondents indicated that the Igwe-in-Council handle minor criminal offences. Ironically some of the examples given by the respondents namely - stealing, assault and poison are not regarded as minor in law. In fact there is no phrase as minor criminal offences under the Criminal Code.

Under the Criminal Code, Law (Cap. 36, applicable in Enugu State) offences are divided into three categories, namely felonies, misdemeanours and simple offences. Section 3 of the Criminal Code Law defines a felony as any offence, which is declared by law to be a felony, or is punishable, without proof of previous conviction with death or imprisonment for three years or more. A misdemeanour is any offence, which is declared by law to be a misdemeanour and punishable with imprisonment for not less than six months, but not more than three years. All offences other than felonies and misdemeanours are simple offences. Examples of felonies are stealing, housebreaking, burglary and poison related xxxiii offences. Misdemeanors include affray (a fight in a public place), assault and common nuisance. Simple offences include indecent behaviour, loitering and breach of the peace.

A necessary inference from the responses of the respondents particularly the participants in the IDIS and FGDS is that the phrase minor criminal offences, is used in reference to simple offences, misdemeanor or even felonies (stealing and poison).

Viewed from the legal perspective, the question is whether the Igwe-in-council possesses the power to try such offences. Their power in this regard can be assessed by an examination of the provisions of the 1999 Constitution of the Federal Republic of Nigeria, which confers specific powers on different bodies and organs of government.

The judicial powers of the Federation and the states are vested in the courts listed in section 6 of the Constitution. These are the Supreme Court of Nigeria, the Court of Appeal, the Federal High Court, the High Court of the Federal Capital Territory, Abuja, a High Court of a state, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, a Sharia Court of Appeal of a State, the Customary Court of Appeal of the Federal Capital Territory, Abuja, a Customary Court of Appeal of a state or such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly or a House of Assembly may make laws.

The Igws-in-Council are not among the courts listed in the above provision. This means that they derive their powers from the laws of the relevant House of Assembly.

The Traditional Rulers law, 1981 deals with the position in Enugu state. Among other things, section 15 empowers a recognized chief (Igwe, and by necessary implication, Igwe-in-Council) to assist in the maintenance of law and order in the community and to take steps to reconcile disputing parties in civil matters whether or not such matters are of the customary law of the community which the disputing parties bring to him for reconciliation.

The conclusion from the foregoing legal position is that the adjudicatory powers of the Igwes-in-Council are confined to civil cases. Arguments in the favour of extension of power to include designated criminal offences are made in the recommendations.

2.2.5 Procedures for taking disputes to the Igwe-in-Council

Having identified the kinds of conflicts the Igwe-in-Council handles, respondents were asked to explain the steps that are normally taken to report a dispute to the Igwe-in- Council.

Knowledge of the respondents on the right steps to follow to bring a case before the Igwe-in-Council are summarised in tables 8 and 9.

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Table 8: Knowledge of the right procedures for reporting cases to Igwe-in-Council according to gender.

Gender Procedure Male % Female % Report cases to secretary IIC 36 25.0 34 22.4 Present drinks and kola 66 45.8 64 42.1 Report thro intermediary 10 6.9 10 6.6 Direct report to Igwe 44 30.6 31 20.4 No idea 29 20.1 50 26.7

There is evidence of high awareness among male and female respondents on the steps and procedures for lodging complaints to the Igwe-in-Council (tables 8 & 9). 20% of male respondents and 27% of female respondents however claim to have no idea of the reporting procedures.

Table 9: Age of respondents and knowledge of reporting procedures

Age of Respondents (years) Reporting Procedures 15 – 25 26 - 35 36 – 45 46 – 55 56 – 65 66 + Report cases to secretary/IIC 16 (22.9) 20(28.6) 14 (20) 15 (21.4) 2 (2.9) 3 (4.3) Present drinks and kola 32 (24.6) 36 (27.7) 28 (21.5) 14 (10.8) 13 (10) 10 (7.7) Report cases through 4 (20) 8 (40) 5 (25) 2 (10) 1 (5) 0 (0) Intermediary Direct report to Igwe 22 (30.1) 14 (19.2) 14 (19.2_ 7 (9.6) 10 (13.7) 6 (8.2) No idea 32 (41) 17 (21.8) 14 (17.9) 9 (11.5) 4 (5.1) 2 (2.6)

N= 293 *Figures in parenthesis are percentage responses

Respondents’ knowledge of the proper steps to follow in reporting cases to the Igwe-in- Council is summarised in table 9. The table shows that most of those that have no idea of what procedures to follow in lodging complaints to the Igwe-in-Council are youths (15 – 25 years). The more elderly respondents know the procedures to follow should there be a need. The low knowledge of appropriate steps to follow as exhibited by the youths is an indication of their little involvement in various social, economic and other pursuits of life that may result in conflicts with other persons. The views of the majority of the respondents in the quantitative survey agree with what a cross section of respondents in the in-depth Interview said. At Eha– Alumona and Ihuokpara, respondents said that the steps to follow involve: Register complaint with Igwe–in Council, the cabinet secretary or with the prime minister. Bring kola nut and drinks. Cash payment ranges from N500.00 – N2000.00 and above up to N3000.00 – N4000.00 in Eha Alumona depending on the seriousness of the case. Land cases attract more money. It should be noted that the money deposited also represents the cost that the guilty party will bear after the case is resolved. Usually when one takes the case to the Igwe-in- Council and presents some amount of money, the person that is summoned to answer the xxxv accusations is compelled to deposit an equivalent amount. After the trial the person who is found guilty will forfeit his money while the person who wins the case will have his money refunded to him. The money paid to register the cases is used for entertainment of council members who are providing valuable services.

According to the Igwe of Ihuokpara, “people do not value what they get free. Initially, the Igwe-in-Council was not taking money”. He noted that when registration of complaints was free, people could report frivolous cases only to abandon them thereafter.

2.2.6 Actual use of Igwe-in-Council by respondents

Respondents were asked if they had ever used the Igwe-in-Council to resolve or attempt to resolve a conflict. Responses are summarised in table 10.

Table 10: Distribution of respondents according to actual use of Igwe-in-Council and outcomes.

Responses Frequency % Arbitration Resolved Not Resolved satisfactorily satisfactorily Still pending Yes 54 18.1 39 (67.2%) 13 (22.4%) 6 (10%)

No 244 81.9

Among the respondents that have ever taken their conflicts to the Igwe-in-Council, 67.2% say such conflicts were satisfactorily resolved. On the other hand, 10% of the cases are yet to be decided, while 22% of the respondents were not satisfied with the outcomes of arbitration.

Based on the proportion of litigations that have been resolved to the satisfaction of disputants (67.2%), the Igwes-in-Council are doing well.

The data from the tables indicate that majority of the respondents (8.2%) had never used the Igwe-in-Council for conflict resolution. However, the percentage (18%) of persons that have used the Igwe-in-Council does not suggest any irrelevance of system. In most cases, the Igwe-in-Council serves as an appellate conflict resolution structure of the communities. This is why attempts are often made at resolving conflicts with the other structures before going to the Igwe-in-Council. In this regard one can say that the Igwe- in-Council has a dual function. This means that it can exercise an original as well as appellate jurisdiction. Its original jurisdiction arises in cases of emergency or cases involving serious issues of community/personal interest. Its appellate jurisdiction arises where parties are dissatisfied with the decisions of the other structures. In this case the dissatisfied party can appeal to the Council. In fact, the Igwe-in-Council serves as a forum of last resort being the highest dispute resolution body at the community level. Its role in this regard is analogous to the role of the Supreme Court in the sense that there is no further appeal to any other authority in the community. But it does not mean that the xxxvi case cannot be re-opened. A dissatisfied party is free to institute his case before the customary court, the magistrates’ court or any other appropriate court. Where this is done the court before which the case is instituted reserves the discretion to call for the terms of settlement before the Igwe-in-Council.

Box: Igwe-in-Council Proceedings No. 2

A pregnant woman (P) aged 35 years was led to the Igwe’s palace amidst a crowd on the allegation of stealing a jerry can of oil valued at N3, 000. The oil was kept by two young girls at their mother’s stall in the market. When they went home to bring the remaining oil, P removed the jerry can of oil and sold it to a buyer (B) from a neighboring town. Unknown to P, the jerry can bore the name of the girls’ mother. When the girls raised alarm about the missing oil, a search party was constituted by the vigilante group, which recovered the oil from B. B in turn, implicated P. On interrogation by the vigilante group, P admitted stealing the oil. She also confirmed this at the Igwe’s palace. Verdict 1. That P should refund the N3, 000 to the owner of the oil 2. That P should pay a fine of N1, 000 as deterrence to other prospective offenders. P’s relations who turned up for the settlement were very pleased with the way the Igwe settled the case. They offered to pay the fine as a sign of appreciation for the peaceful settlement. They felt remorseful about the embarrassment caused to them by their sister.

2.2.7Average Duration for dispute resolution by the Igwe-in-Council

Respondents were asked to estimate the average duration of their cases in Igwe-in- Council before resolution. Responses are presented in table 11.

Table 11: Duration for resolution of cases before the Igwe-in-Council

Duration (months) Frequency %

1 – 3 71 22.8 4 – 6 13 4.2 7 - 9 1 0.3 10 - 12 2 0.6 Depends on nature of case 166 53.4 No idea 58 18.6 Mean duration 12 weeks

Generally, most disputes are disposed of within a short period. On the whole, it takes an average of 12 weeks for disputes to be resolved. However, 53.4% of the respondents xxxvii could not state precisely how long it could take to resolve conflicts before the Igwe-in- Council. To them, the duration of a case is determined by its nature.

2.2.8 Duration of Cases Involving Women in Igwe-in-Council

Given that gender may influence to some extent, the duration of cases before the Igwe-in- Council, respondents’ responses on the duration of cases before the Igwe-in-Council according to gender are summarised in table 12.

Table 12: Duration of cases before the Igwe-in-Council according to Gender.

Months Male Female

1 – 3 41 29 4 – 6 8 5 7 - 9 0 1 10 - 12 0 2 Depends on nature of case 77 87 No idea 26 32 Average duration 10 weeks 12 weeks

Cases involving men take an average of 10 weeks at Igwe-in-Council to be resolved as against 12 weeks for cases brought by female litigants. This relatively longer period for cases involving females may be considered significant in the sense that it prolongs the suffering of female litigants. But as revealed by the study, many cases presented by women are matrimonial cases, which require longer period in order to achieve amicable resolution.

2.2.9: Perception of the Poor on Igwe-in-Council, Practices and Procedures

Pro-poor aspects of the practices and procedures of Igwe-in-Council

Some aspects of the practices and procedures of the Igwe-in-Council are indeed beneficial to the poor. Such aspects include; the refund of litigation fee if one is not found guilty, affordable fines or penalty, waiver of complaints fees for the poor in some instances, personal disposition of cases involving the poor by Igwe himself as well as equality of treatment of the poor and the rich.

Based on the responses of all those that think some aspects of the practices of Igwe-in- Council are beneficial to the poor, a ranking of the beneficial aspects are summarized below (1=most beneficial, 5= least beneficial) xxxviii

Table 13: Beneficial Aspects of IIC to the Poor by Rank

Beneficial aspect Rank Equality of treatment 1 Waiver of litigation fee 2 for the very poor Personal disposition of 3 cases by the Igwe Use of affordable fine 4 or penalty Refund of money if 5 guilt is not proven

The ranking shows that equality of treatment of the poor and the rich is the most beneficial aspect of the practices and procedures of the Igwe-in-Council. The waiver of litigation fee, personal disposition of cases by the Igwe to eliminate cost, the use of affordable fines or penalties are other benefits enjoyed by the poor under the system.

In terms of age of respondents a higher proportion of young persons 28.6% (15-25 years) than old persons 14.3% (56-65 years) believe that in the practices and procedures of Igwe-in-Council there is equality of treatment for the poor and the rich, and they consider this to be beneficial to the poor. Similarly, 30% of (45-25 years) respondents consider the disposition of some cases involving the poor to be favourable to the poor. In addition, the imposition of fines determined by the ability to pay (fines within reasonable reach) according to 66.7% of youths (15-25 years) and 33.3% of adults aged (45-55 years) is another way of favouring the poor.

2.2.10 Openness and accessibility of Igwe-in-Council to the poor

Table 14: Distribution of respondents by age according to their perception of the openness and accessibility of igwe-in-Council to the poor

Are structures Total open/accessible Age groups Row to the poor 15 – 25 26 – 35 36 – 45 46 –55 56 - 65 66 + Yes 80 (30.2) 64(24.2) 51(19.2) 34(12.8) 20(7.5) 19(7.2) 265(89.8) No 10(34.5) 6(20.7) 5(17.2) 4(13.8) 3(10.3) 1(3.4) 29(9.8) Not Applicable 0(0) 0(0) 0(0) 0(0) 1(100) 0(0) 1(0.3) N =295

The above table shows a general belief among the different age groups that the Igwe-in- Council is open and accessible to the poor.

Out of a total of 295 respondents, 89.8% believe the structures for dispute resolution are open and accessible to the poor. Measures of openness include; the use of local language, xxxix affordable cost of litigation, equality of treatment of all persons, democratic set up of structures and the absence of favoritism and victimization. Other measures include self- presentation of cases by disputants, freedom of witnesses and observers to express their opinions on the cases and the consensus nature of the verdict and the opportunity to express opinion on verdict.

Aspects of Igwe-in-Council practices that work against the poor

Perceptions influence individual relationships and regards for other persons and groups. Against the backdrop of the fact that overt and covert behaviour of human beings are influenced by their perceptions about given structures, the survey sought to establish the perceptions of respondents on the practices and procedures of the Igwe-in-Council as they affect the most vulnerable groups in the community – the poor and the women.

Among the practices/procedures of Igwe-in-Council that are anti poor, bribery and corruption on the part of some members of the Igwe-in-Council is identified by 25% of the respondents as the most serious practice. When the responses are disaggregated on the basis of gender of the 25% of the respondents that say some aspects of the Igwe-in- Council practices are against the poor, more females than males see corruption and bribery on the part of some members of the cabinet as a major problem that impinges on the adjudication of cases involving the poor.

On the basis of age of the respondents that stated that some aspects of the Igwe-in- Council are anti poor, 18.2% of respondents in the 15 – 25 years group, 37% in the 26 – 45 years group, identify bribery and corruption as a problem that affects the poor in the practices/procedures of Igwe-in-Council.

The increasing proportions of persons among the 25%of the respondents that identify bribery and corruption as a serious problem to the poor in the practices and procedures of Igwe-in-Council depicts a generational gap in moral values and sense of justice as held by the various age groups.

Favouritism/use of economic status and influence as well as marginalisation of the poor are seen as the second most serious practice of the Igwe-in-Council against the poor.

The results of the IDIS and FGDS appear to contradict the claims of bribery, corruption, favouritism and marginalisation. Many respondents were emphatic on the fact that the Igwe-in-Council offers impartial justice irrespective of sex or social status. According to a female FGD participant at Eha Alumona, “the truth is what obtains and nothing more. So there is nothing like favour to a woman because she is a woman or because the person is poor.” Another respondent said: “there is no favour because you are poor. Any poor person who is causing trouble or disturbing the rich must be convicted and vice versa. A male IDI respondent at Ihuokpara stressed that there is no practice of injustice or unfairness to either to the poor people or women gender. All people are given equal opportunities during the Igwe-in-council proceedings. In some disputes where male and female are involved, the case will be fully investigated and if the male gender is on the xl guilty side, it will be duly promoted without fear or favour. He added that sometimes the Igwe would order that the financial aspect of the case reported be set aside especially when the poor person involved cannot afford the amount.

In fact many respondents are of the view that the merit of the case is what matters and not whether a disputant is poor or rich. A female IDI respondent at Ihuokpara put the issue as follows: “The only help they can render to the poor is to tell them the truth. If they are the cause of the problem you tell them, if they are not you tell them. There is no other way you can help them. There is no preferential treatment because all of us are from the same community. Even a stranger in our land, there is no preferential treatment towards him or her.”

2.11 Practices of Igwe-in-Council and women

Pro-women aspects of the Igwe-in-Council practices and procedures

Six major aspects of the practices and procedures of the Igwe-in-Council are seen to favour women by the respondents.

Among the respondents that listed honesty and fairness as one of the Igwe-in-Council’s practices that are pro women 14.9% are aged (15-25 years), 17.9% are 46-55 years while 6% are 66 years and above in age. Speedy resolution of cases by the Igwe-in-Council is another aspect of the council’s practices that favour women. 10% of the 15-25 year olds, and 40% of the 46-55year olds makes this assertion. Other beneficial aspects to women in the practices of Igwe-in-Council include the use of open and upright procedures and the conduct of proper investigation before judgment. There is also the issue of public sympathy that women always naturally attract, and the special favour accorded widows and the general observance of the rights of women and waiver of fees. Yet some proportion of all the age groups say that there is no part of the Igwe-in-Council practices that discriminate on the grounds of sex. To this end, women are favoured as are men. 32.6% of 15-25 years, 45.9% of the 46-55 year olds and 25% of those 66years and over hold this position.

Box 3: Igwe-in Council Proceedings No. 3 The dispute before the Igwe-in-Council was between a youth and other members of his village. The matter was reported to the Igwe-in-Council by the head of that village. The allegation was that the youth (Y) refused to take part in the communal labour of clearing of farm path. At the end of the work, his kinsmen went to his house to get his fine in accordance with their custom. He refused to comply. Thereupon, they attempted to seize his radio, which he vehemently resisted. He was reported to the village head but he refused to show up. The case was thus reported to the Igwe-in-Council by the village head.

Y was invited to state his case. He said that when he was confronted with the case, he explained to them that he only planted cassava in his farm and not yams. According to xli him, the obligation to clear the farm path is on those who planted yams. It is not mandatory for those who have only cassava in their farms. Both parties called witnesses to testify for them. Y came with his mother, his uncle and a friend (a youth) to testify on his behalf. Witnesses for the petitioners were mainly elderly men who testified to the effect that there was no such dichotomy on the basis of the nature of crops planted by an individual. The obligation to clear the farm path rests on everybody that uses the route as access to his farm.

The parties and their witness were asked to leave to enable members of the cabinet to deliberate on the matter. The Igwe sought the opinions of members of his cabinet. They were unanimous in condemning the action of Y as a blatant abuse of communal obligation. It was unanimously agreed that the cabinet should impose an appropriate sanction on Y to serve as deterrence to other youths who might be tempted to behave in like manner.

The parties and their witnesses were called in. The Igwe, after a lengthy sermon on the necessity for peaceful co-existence and conformity with community norms gave the verdict of the cabinet as follows:

That Y should pay a fine of N400.00 for refusing to participate in the communal work and for exhibiting stubborn and unrepentant posture throughout the duration of the matter.

Y and his witnesses excused themselves for deliberation on the verdict. When they came back, Y’s uncle spoke on his behalf. He gave a date on which Y’s family will pay the fine.

Editor’s Note: It was gathered that after a judgment, parties still retain the freedom to plead for leniency. In the instant case, it was open to Y to have pleaded for a reduction of the fine. But he did not explore that option.

Aspects of the practices and procedures of Igwe-in-Council that are against women

Some of the anti women aspects of the practices and procedures are summarised in figures 5 and 6.

Lack of representation of women in cabinet 1 Non-involvement of women in rules 2 3 Prejudice against women in matrimonial cases 4 Neglect of rights of women by custom

Fig: 5: Perception of male respondents on practices of Igwe-in-council as they affect women. xlii

Lack of representation of women in cabinet Non-involvement of women in rule making 1 2 Prejudice against women in matrimonial cases 3 4 Neglect of rights of women by custom

Fig 6: Perception of female respondents on practices of Igwes-in-Council as they affect women.

An examination of figures 5 and 6 show the awareness among male and female respondents about the practices of Igwe-in-Council that have elements of injustice against women. Further analysis of the responses on aspects of Igwe-in-Council practices that are against women on the basis of the responses of 25% of the respondents according to education and marital status are summarised below.

Level of Education

Aspects of Practices 1 2 3 4 5 6 7 Detrimental to women Lack of representation of women in cabinet 1(11.1) 0 2(22.2) 1(11.1) 3(33.3) 2(22.2) 0 Non involvement of women in formulating rules and decision 1(10) 0 1(10) 3(30) 2(20) 2(20) 1(10) making in customary cases Prejudice against women in matrimonial cases 2(14.3) 0 1(7.1) 2(14.3) 5(35.7) 2(14.3) 2(14.3) Neglect of the rights of women 1(7.6) 0 3(23) 1(7.6) 3(23) 4(30.8) 1(7.6) Total 5 0 7 7 13 10 Table 13: Detrimental aspects according to education

1 = No formal education 2 = Attempted primary 3 = completed primary 4 = Attempted secondary 5 = completed secondary, 6 = NCE/HND 7 = HND/Degree

Among the 25% of the respondents that believe that some aspects of the practices of the Igwe-in-Council are against women, 14.3% have no formal education, 36% secondary education (completed) and 14.3% of this group have tertiary education. They see prejudice of cabinet members against women especially in matrimonial cases as the most serious problem. Neglect of the rights of women is the second most serious problem.

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2.2.12 Openness, Accessibility and Human Rights Issues in the practices and Procedures of Igwe-in-Council

Openness and Accessibility

Participants at female FGD for adults (non-literates) at Ihuokpara indicated that the procedure for taking cases to the Igwe-in-Council is not cumbersome for the poor and the women. One of the participants noted that “women can go to the Igwe directly, and that there are no hindrances. But most of the time if you know any member of the cabinet, you can report the matter to the person and he will help you to present it to the Igwe.”

On the issue of kola/drinks/money most of participants at female adult FGD in Ihuokpara also agreed that in some cases people may not take anything when going to inform the Igwe about their cases. However after the case has been resolved they can take something to express their appreciation to the Igwe.

Similarly 88.5% of the respondents believe the structures, practices and procedures of the Igwe-in-Council are open and accessible to women. Measures of openness accorded to women by percentage responses are; affordability of cost of litigation 10.9%, equal opportunity to present cases 31.1%, Igwe-in-Council sympathy to the plight of women 22.3% and the upholding of fairness and merit 7.6%. The structures are also adjudged accessible, as they are located in the community as well as the fact that the Igwe-in- Council meets every month and can even meet on emergency cases at short notice.

Box 4: Igwe-in-Council Proceedings No. 4 When the first case was mentioned, the petitioner reported that the respondent had taken the matter to court. He presented a copy of the summons issued to him by the court. The respondent did not appear before the cabinet. The Igwe explained to the petitioner that a disputant enjoys the right to take his dispute to any lawful forum for settlement. Thus a party can take his case before any of the traditional dispute resolution channels such as kinsmen (umunna), Council of Elders (oha) or the Igwe-in-Council. He is also free to take it to the formal courts. He was advised to respond to the summons by going to the court to answer to the charges against him. Both the Igwe and the cabinet secretary explained that irrespective of the forum at which a case is handled, the truth must always prevail.

An elderly man (E) brought the next case against a member (N) of his extended family. The allegation was that he confronted N with his failure to carry out a responsibility entrusted on him. N reacted by fighting him. N denied the allegation claiming that E and other members of their extended family were inconsiderate by imposing multiple responsibilities on him at the expense of his personal jobs. He further alleged that E’s son fought him on the false allegation that he fought his father . E’s son was not present but sent his apologies promising to appear at the next sitting.

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The case was adjourned to the next meeting of the cabinet. But the Igwe enjoined the elders of the family of the disputants to endeavour to settle the case at family level. The leaders of the family promised to endeavour to effect a settlement and to report back to the cabinet at the next sitting.

2.2.13 Human Rights Issues

The respondents considered thirteen issues as fundamental human rights. Stated in descending other, these are; rights to life, freedom of movement, freedom of worship, freedom of speech, right to own land and property, right to good leadership, freedom of association, right to marry and have children, right to education, right to be employed, right to fair hearing, right to shelter and social amenities and right to security.

Though some of these categories are not human rights as enshrined in the Constitution of the Federal Republic of Nigeria, they serve to show the things that are of concern to the people. Among the human rights, two were considered most important rights. These are the right to life, which is identified by 53.5% of male and 46.5% of female respondents. Second to right to life is the freedom of worship identified by 41.6% males and 58.4% females.

15 - 25 26 - 55 56 and above

Fig 7: Perception of Right to life by Age

15 - 25 26 - 55 56 and above

Fig 8: Perception on Rights of worship by Age

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15 - 25 26 - 55

56 and above

Fig 9: Perception of freedom of speech by respondents

Violation of Women’s Rights

Participants at female FGD (youths, 15 – 29) at Eha – Alumona pointed out that the exclusion of women from participating in Igwe-in-council as members, which marginalises them in decision-making is a violation of their human rights. Participants at FGD (female youths) from Ihuokpara also expressed a similar view. In fact one of them said that “… Women should be members of Igwe-in-council because women are more understanding than men but most of the times men do not like this…” An adult female participant in the FGD (Ihuokpara) similarly noted, “Some women are more knowledgeable than men and still are not allowed to be selected as members of Igwe-in- Cuncil”. Some people are however opposes to this idea.

A male farmer (56 years) in an IDI at Ihuokpara is opposed to incorporating women in IIC because he thinks that women are hot tempered. Majority of adult male FGD participants from Ihuokpara also expressed their objection to the idea of women participating in the IIC. They said it is never done in Igbo land. In the same vein male adult FGD participants in Eha-Alumona insisted that it is not the tradition for women to participate in Igwe-in-Council and that women do not participate in land dispute resolution because they do not know the history of land since they are married from other lineages. Women only go there if they have a dispute to present or appear as witnesses/observers.

Respondents in IDIS also expressed similar ideas. A male IDI participant at Ihuokpara (56 years) remarked as follows “I have never heard that women belong to the Igwes and I have never seen a women going in as a member of Igwe’s cabinet”. In the same vein a male cabinet member at IDI in Ihuokpara explained that women are excluded because they are not titled and that all members of IIC are titled men and elders

It is important to note that even some women also expressed negative views about women’s participation in IIC. A female teacher at IDI in Ihuokpara said that women are troublemakers and are not stable in decision-making. She further added that women will not have the time to participate in such activities “... because whether it is raining or not xlvi a women is going out organizing the home, but a man is not concerned with home management. He can just drop for example N500.00 and leave without minding. It is the woman that will be running around, making ends meet, going to the farm, going to market to sell her farm products and using the proceeds to bring the things needed for the household”.

A serious issue of human rights violation identified by the study is that of discrimination against the “non-free borns”. Some of them and their descendants are scattered in different parts of the communities. They are not accorded full rights and privileges like the freeborn. Efforts made by the traditional rulers to integrate them have not yielded much fruits. In marriage people still discriminate against them.

Other people who suffer from violations of human rights are generally the poor. A female disputant (poor widow, 66 years) in IDI at Ihuokpara noted that the poor are marginalised especially women who are childless or are widowed.

In the same vein a male opinion leader (civil servant) at Ihuokpara said that the rights of the “the defenseless poor are violated because the rich can always measure up. They have what it takes”. Furthermore a female farmer at IDI at Ihuokpara also indicated that those that suffer most are the poor people, including men and women and even the youths.

At Ihuokpara a male opinion leader/civil servant (45 years) indicated that the Igwe-in- Council is unfair to the poor by requesting money for presentation of cases. According to him “…you will be expected to have at least N500.00 to N600.00 to present a case and it is not everybody who can afford it especially widows and poor farmers who find it difficult to eat. So if they don’t have the money, it prevents them from taking their cases to Igwe-in-Council. If you don’t have money, nobody hears your complaint and you may die with your problems or complaints. The problem is that you cannot steal. If you steal you are taken to the Igwe for committing an offence”. A male opinion leader in IDI at Ihuokpara said that due to the use of influence in the administration of justice, which he likened to “rich man/poor man syndrome” the poor do not get fair hearing when they have a case at the Igwe-in-Council.

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2.2.14 Advantages and Disadvantages of the Igwe-in-Council over the Formal Courts.

Advantages

The reasons why people in the study communities prefer to take their cases to the Igwe- in-Council rather than the formal courts reflect the advantages of the system. Based on research results, proximity/accessibility of the Igwe-in-Council to the community and particularly the disputants is seen as a major advantage of the system by 67.2% of the respondents. Other advantages include speedy resolution of disputes identified by 31.4% of the respondents and satisfactory conduct of and resolution of conflicts identified by 30.7% of the respondents. Similarly, 25.9% of the respondents consider the familiarity of the Igwe-in-Council with the customs concerning the cases presented before it as a major advantage. The ability of the Igwe-in-Council to enhance post-disputes relationship among the people according to 18% of the respondents is another strength of the Igwe-in- Council.

In an in-depth interview the Igwe of Eha Alumona indicated that that the Igwe-in-Council brings administration of justice down to the grassroots, the system is cheaper, people do not have to travel long distances and it is difficult to tell lies where every one knows who is who and it provides speedy resolution of cases. He also mentioned that there is no bribery and corruption and that it is against the rule for disputants to make gratifications to council members e.g. taking palm wine etc.

In the same vein, the Igwe of Ihuokpara added that the use of local language makes people relaxed and comfortable and that there are many witnesses. It is not a question of restricting witnesses to one or two (2) persons. The Igwe of Ugwogo Nike mentioned collective decision as one of the advantages of the IIC. According to him, “it is not the Igwe that determines the verdict of a case, rather it is thrown open to the entire members of the Igwe-in-Council to make a decision.” Other respondents reiterated this. A male farmer from Ihuokpara (56 years) in an in-depth interview (IDI) said that the Igwe-in- Council provides speedy dispensation of justice unlike the formal courts that are reputed for delays and adjournments (“come today come tomorrow” syndrome).

On the openness and fairness of the system one Igwe said, “You know we are Christians and whatever we are doing, we like to place it before God and man. If people have a case, each person comes with those witnesses who wish to observe would also be there. Nobody is sent away during the proceedings. When we start asking questions, any body present who wants to make a contribution will be welcomed. All we want to know is the truth. This is based on our belief that if one is ruling with truth, the reign will last. But if one is not honest, people will also get to know. The fear of God is important”.

A female disputant in Ihuokpara indicated that openness/transparency is an attribute of the Igwe-in-Council. From her experience of being a disputant at Igwe-in-Council, she argues that there is no use of influence. She pointed out that even parties whose cases have been resolved will be asked to stay and observe the proceedings of other peoples’ xlviii cases to see how other cases are resolved. She also added that the Igwe-in-Council does not allow the rich to victimise the poor.

A female teacher at Ihuokpara in an in-depth interview also emphasised the openness/transparency of the Igwe-in-Council. According to her, people like the Igwe-in- Council because all parties are given equal opportunity to explain and express themselves.

Another male disputant in IDI at Eha – Alumona affirmed that Igwe is not known to be partial to anybody. Two of the male participants in adult male FGD at Eha – Alumona also indicated that their cases before the Igwe-in-Council were satisfactorily resolved.

A female chief in an in-depth interview at Eha – Alumona emphasized that the Igwe-in- Council upholds justice. She said that their Igwe has been on the throne for several years and that “... instead of taking bribe or seeking gratification, he would tell people that he has enjoyed all kinds of luxuries … In fact his kindness is too much. Igwe does not discriminate against anybody whether rich or poor. Even though he is old, people still bring cases to him because he upholds justice”.

Box 5: Satisfactory Resolution of Disputes A male disputant (45 years) at Ihuokpara said that the Igwe-in-Council provides a satisfactory resolution of cases. He had taken two cases to the Igwe-in-Council, which were satisfactorily resolved. The first was a marital case. His wife was accused of adultery because she was bringing a man to their house and having sex on their marital bed. The case was initially reported to the kinsmen who handled it. Later when the wife continued with the same behaviour, the case had to be taken to the Igwe-in-Council. The case was tried for about a year. After due investigation, the Igwe-in-Council conceded that the marriage should be dissolved. His in-laws refunded his bride price too. The second case was a land dispute. He leased land to someone who refused to pay after three periods of grace. The matter was successfully resolved by the Igwe-in-Council, and he recovered the lease money. Concerning respect for human rights, this male disputant also affirmed that everybody has right of self-expression without interference as he witnessed during his case in Igwe- in-Council. He also noted that the highest evidence at Igwe-in-Council is oath taking, which is highly acceptable to the people. He indicated that the practice of “Igba ndu” (oath taking) by the two parties ensures peace. The two parties will bring some food items to be shared among them. Each party will declare that he or she will not plan to harm the other.

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Box 6: Equality of Treatment A female IDI respondent, poor widow, aged 66 years (Ihuokpara) indicated that the Igwe- in-Council does not give unfair judgement to the poor. She said that she is a good illustration of a poor person who received justice from the Igwe-in-Council. She had three cases that were usefully resolved. In the first case a man’s goat ate her yams in her yam barn. Although she complained to the owners of the goat they were not cooperative. They even warned her not to come to their compound. When she continued to complain they beat her up. So she took the matter to the Igwe-in-Council. The Igwe-in-Council resolved the matter satisfactorily in her favour. In the second case, which involved the destruction of farm crops, the same goat ate vegetables in her farm. Each time she was chasing the goat, the owners would be laughing at her. The wife of the man who owned the goat told her that if what the goat did offended her she could bring a goat to eat her own vegetables. So she reported the matter to the elders. The latter examined the case and asked the woman to beg her. She refused so she took the case to the Igwe-in-Council where it was successfully resolved also in her favour.

A respondent in female adult FGD (educated) at Ihuokpara emphasised “… We have told you that Igwe-in-Council does not consider poor or rich people in the administration of cases/disputes. If Ihuokpara will handle every other issue like case management in Igwe-in-Council, there will be no problem in the community”. Male adult FGD Ihuokpara also emphasised the fairness, openness and transparency in Igwe-in-Council proceedings and also indicated that people are free to observe and contribute during proceedings.

A male adult participant in an FGD for youths at Ihuokpara also expressed satisfaction that the poor, rich, women and young people receive satisfactory attention unlike the the formal courts and police, which favour the rich.

The use of local language in dispute resolution was also indicated as one of the advantages of the Igwe-in-Council. A participant at female FGD for youths (15 – 25) at Eha – Alumona said that “An illiterate does not go to court because if she remembers that she cannot speak English very well, she may decide to go to the Igwe-in-Council where people are free to use the native language they speak….” .Some female FGD participants at Ihuokpara expressed a similar view.

On the other hand, the people do not patronise the formal courts, because of some perceived disadvantages. High cost of litigation ranked highest as a major problem of the formal courts with 84% respondents followed by lack of confidence in the formal courts and language barrier as posited by 20% of the respondents.

Again 46% of those interviewed said that the formal courts are characterised by bribery, corruption, undue influence/preferential treatment and delay in the dispensation of justice. It was also recognised by 18% of the respondents that lasting enmity created in l post-dispute relationship is also a problem with the formal courts. Other constraints associated with the formal courts are lack of knowledge of the people’s tradition (6%) as well as illiteracy and ignorance about protocols involved (5%). Figures in parentheses are percentage respondents.

Participants in the FGDS and IDIS also highlighted the disadvantages of using the formal courts. A female teacher in IDI at Ihuokpara stated that the court is very expensive. She remarked “okwu baa n’ego ogbenye esere aka” meaning that “ The poor never want to meddle in anything that is expensive… If you are going to the court you will be paying your lawyer and legal fees, at the same time you will be giving bribe so that everything will be hastened. If you do not do so, they will tell you to come today and come tomorrow”. She gave the illustration of a fellow teacher in her school that bought ogbonno seeds which were stolen by another person. She took the matter to the court, then the court started delaying, with adjournments until the end of vacation. Till date of the interview, she indicted, the case was still pending. People then started blaming the teacher for even taking the case to court.

A female chief in IDI at Eha – Alumona indicated her dissatisfaction with the formal courts. “The court is nobody’s house”. If the Igwe-in-Council handles people’s cases in a just and acceptable way, why should people bother about going to the court? One would always like to go to where fairness would be maintained”.

A participant in female FGD for youths at Eha – Alumona pointed out that in the Igwe- in-Council there is no limit to the number of witnesses. This helps the Council to discover the truth.

A participant in adult female FGD at Eha – Alumona indicating people’s abhorrence of the use of courts noted “It is trouble making, no body likes trouble. They take bribe. Another participant in the same group said “it is expensive, what they know is to collect money from people”. Still emphasising the issue of cost, another participant indicated that most of the people who patronise the formal courts are rich people and also waste time. “It wastes a long time. You can go to court today and they can postpone the case till next month and they will keep postponing it and they will be saying next month, until it becomes next year. You will be spending your money on transportation and at the end of the case, it will not yield any good result, and then you may not have money for the lawyer. In fact people sell their land to procure a lawyer…”

A male participant in FGD for adults at Ihuokpara said that poor men cannot go to court”. Adult male FGD participant at Ihuokpara expressing dissatisfaction with the formal courts said “If the formal courts will stop giving undue privileges to the rich people against the poor, it will be good, so that the guilty persons ordinarily should be convicted and reformed”.

On the possibility of ensuring post conflict peace, a female farmer in IDI at Ihuokpara stated that usually enmity among the disputants is aggravated by court procedings. Adult male FGD respondents in Ihuokpara also held similar views. li

Disadvantages

Despite the advantages of the Igwe-in-Council over the formal courts, some respondents identified specific disadvantages/weaknesses of the system. These include influence or preferential treatment for the rich (41%), inability of disputants to fulfill the necessary financial obligations (32%) and incessant adjournment of cases due to lack of interest on the part of cabinet members (30%). About 22% of the respondents posited that a situation where the Igwe is residing in a distant town outside his community is a major disadvantage. Others include irregular meetings of members of the Igwe-in-Council (8%) absence of parties/witnesses to the case (11%) as well as investigations that may involve oath taking (3%). The outcast system, which tends to promote discrimination in the Igwe-in-Council procedures and practices, was also identified as one of the problems of the traditional justice system.

Participants in FGDS and IDIS also indicated some dissatisfaction with the Igwe-in- Council. A male IDI opinion leader/civil servant (45 years) at Ihuokpara noted that Igwes in Enugu State are involved in politics and that without being detached from politics they cannot uphold justice. He further stated that when members of the Igwe-in-Council are partisan to a political party they might be unfair to those who are their political opponents. This IDI respondent also added that since politics is seen as a dirty game, when one is involved, the person’s behaviour would be influenced negatively.

Participants in the IDIS and FGDS also highlighted some of the advantages of taking cases to the courts. An IDI female (teacher) participant at Ihuokpara indicated that there are cases that cannot be handled effectively by the Igwe-in-Council e.g. murder cases. Furthermore the FGD participants noted that the court makes use of the guardroom, which is especially important to serve as a deterrent to stubborn persons.

An IDI male disputant at Ihuokpara (driver 45 years) said that the nature of punishment imposed by the court is a good deterrent especially imprisonment. Similarly, a female participant in FGD (adult females) at Ihuokpara affirmed that the use of punishment is a good deterrent. A participant indicated “the court imposes a commensurate punishment on a convicted culprit and that such an action serves the purpose of teaching the culprit a lesson that may correct his or her wrong ways of life”.

Also another IDI male disputant (40 years) mentioned the use of the constitution as one of the good qualities of the court. He highlighted the fact that the court refers to the Constitution of the Federal Republic of Nigeria in resolving cases. According to him “…by using the Constitution, cases are better determined because quick references would be made to the Constitution”.

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2.2.15 Best Practices of the Igwes-in-Council and Formal Courts.

Aspects of the practices and procedures of the Igwes-in-Council that can be held as examples of best practices were identified from the results of the study. Fair judgement, and accessibility were ranked as the best practice by 60% of the respondents followed by speedy resolution of cases by 44% of those interviewed. Reduction in the cost of litigation, and respect for freedom of speech or fair hearing were considered good examples of best practices of the Igwes-in-Council by 31% and 25% of the respondents respectively. Fifteen percent (15%) of the respondents indicated lasting post resolution peace as the best practice while thirteen percent (13 %) indicated that decisions are based on traditions that are familiar and acceptable to the people. Other examples of best practices based on research results include personal defence of cases by disputants (5%), oath-taking in serious cases (1%), detailed investigation of disputes (5%) and non- detention of accused persons (5%).

From the results of the study, proper investigation of cases before delivery of judgement ranked first as one of the beneficial aspects of the Igwes-in-Council procedures and practices that should be entrenched in the formal courts as indicated by 41% of the respondents. Forty percent (40%) of them proposed that the formal courts should ensure speedy/quicker dispensation of justice, which is considered beneficial in the traditional justice system. This will help to decongest our prisons of those awaiting trial and minimise human rights violations in this era of democratic rule in Nigeria. Eighteen percent (18%) of the respondents also suggested the reduction in the cost of obtaining justice in the formal courts in line with the traditional justice system, which is cheap and affordable. Accessibility and personal presentation of cases by disputants were suggested for the formal courts by 15% and 2% of the respondents respectively.

Perceptions about best practices by the Igwes-in-Council were also obtained from participants in the FGDS and IDIS. A participant in female adult FGD (non-educated) in Eha – Alumpna noted “What we want other Igwes from other towns to emulate from our own Igwe is much. He doesn’t take bribe from people. He accepts the poor and there is no way he will discriminate against the poor. Whatever he does to the rich he will do to the poor. They should emulate the Igwe of Eha – Alumona. He is called Eze Udo (King of Peace)”.

Another female participant in adult female FGD Eha – Alumona (non-educated) said that the way the Igwe organises the youth groups should be emulated. The Igwe set up a youth committee, which oversees the relationship between young boys and girls especially on the issue of sexual abuse. The committee according to the participant insists that any boy who impregnates a girl will marry her. He however said that the result which arises with the enforcement of this rule is that the boys are exploiting it to the disadvantage of the girls. She observed that young men/boys are impregnating many girls in order to have easy access to them for marriage. “… You will train a girl in the college and after a while a man will come and impregnate her so that he will marry her with only a gallon of palm wine.”

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A female opinion leader at Ihuokpara identified other aspects of the practices and procedures of the Igwes-in-Council that are good examples as follows: • There is always a fair hearing of the cases before judgment is passed. • There is always adequate investigation of any case before judgment is passed

A male adult in FGD at Ihuokpara emphasised this point too “…After every case has been settled there is a conscious effort to reconcile both parties to ensure a cordial relationship between the offended and the offender”. FGD and IDI participants also identified oath taking as a traditional means of establishing the truth as an example worth emulating. In fact oath taking is seen as a very important aspect of the IIC proceedings. It can be regarded as the climax of evidence a claimant can employ to prove his case. The words used for this purpose depend on the fact being asserted and issue in dispute. But in effect, the oath taker invites the gods of the land to mete out appropriate punishment to him if his claim is false. It is believed that such a person will die within one year if his claim is false.

Best Practices of the Formal Courts

Also highlighted were aspects of the formal courts practices and procedures that can be held as examples of best practices. These include the use of experts and legal luminaries (54%), adequate and proper documentation of proceedings (56%) and the imposition of punishment as a deterrent (30%). Others indicated decisions based on concrete evidence with no bias (12%) and the inclusion of women in the resolution of conflicts (3%). Finally, 51% of the respondents mentioned orderliness in the proceedings, and the use of the constitution. Access of observers to proceedings is mentioned by 2% of the respondents.

The respondents also suggested ways in which these beneficial aspects of the formal courts practices and procedures can be used as models for the Igwes-in-Council. In addition to the introduction and integration of these examples of best practices of the formal courts into the traditional justice system (Igwe-in-Council), they suggested the use of code of conduct to guide the Igwe-in-Council. Provision for appeal in the traditional justice system was also proposed as well as the abolition of the (Osu) system in the communities, which causes discrimination among the people.

Recording of the proceedings was identified as one of the best practices of the formal courts. Both the Igwes of Eha – Alumona and Ihuokpara communities indicated that they undertake recording of their council proceedings. Some participants in FGD for youths (educated) at Eha – Alumona said that other best practices include; • Use of regular procedure and schedule or code of conduct. This was corroborated by some participants in female FGD youths (educated) at Eha – Alumona

• The detention of accused persons was also identified as one of the best practices of the formal courts. A participant in male adult FGD in Ihuokpara noted that this is a good practice to be emulated by the Igwe-in-council. liv

• Punishment of the guilty party by the court was mentioned by FGD male youths at Eha – Alumona as a good practice of the court.

• A female IDI participant at Ihuokpara also identified the educational training provided in the formal court system to be worthy of emulation. Such a capacity building strategy will enable the Igwe-in-Council members to be in a better position to handle cases satisfactorily and at the same time accommodate some of the changes in their respective communities.

Some participants in adult male FGD in Eha – Alumona pointed out that oath taking by the litigants before making any statement is a good strategy of ensuring that persons concerned will be toeing the line of honesty.

2.2.16 Suggested Reforms of the Igwe-in-Council

The respondents made proposals for the reform of some aspects of the practices and procedures of the Igwes-in-Council to strengthen the rights of the women and the poor in the communities.

With respect to the women, 63% of the respondents suggested that the participation of women in Igwe-in-Council should be entrenched while 27% of them supported the review of discriminatory customary laws and practices against women. Twenty-two percent (22%) of the respondents proposed the review of the mode of selection of council members to include other interest groups e.g. the youths, the poor and the clergy. Other reform measures posited by survey respondents were the reduction of cost of reporting and prosecuting cases (6%) as well as the acceleration and documentation of cases involving women (11%). Overall, 26% of the respondents have no idea of any reforms for the Igwe-in-Council procedures and practices in respect of the rights of women.

Information was also gathered from FGD and IDI participants on what could be done to strengthen the rights of women in the community. The Igwe of Eha – Alumona stated that In his community a positive step has already been taken to make a female chief a member of the special cabinet although she does not sit in the Igwe –in- Council. However, he noted that it is still a serious problem since women are not allowed to sit in the Igwe-in- Council and decide cases. According to him “…Reform will come with time, time will be the healer … It is a question of time when women will come and take their rightful position…” Amale disputant in IDI (45 years) at Ihuokpara suggested that women should be included in the Igwe-in-Council as in the formal courts.

The female chief in IDI at Eha – Alumona agreed that it would be great having women as members of the Igwe-in-Council especially if they are up to 2 or 3 so that they would be in a position to articulate issues and be in a better position to seek improvement in women’s status in conflict resolution. According to her … if it is only one female member, it will not be easy for her to make any meaningful impact. lv

In the same vein a female youth disputant in IDI at Eha – Alumona pointed out that to handle the presence of women effectively in the Igwe-in-Council when incorporated, a good number should be included and not having “one woman versus 5 men”. The need for gender equity was emphasised. A participant in adult female FGD (for literate women) in Ihuokpara also suggested that at least two women should be included in the Igwe-in-Council and that the selection could be on rotational basis. In fact in support of that suggestion another woman in the same FGD group suggested that influential women in the community should stage a protest march to the Igwe and explain to him that the discriminatory attitude to women is not good. They should demand the inclusion of women in the Igwe-in-Council.

A participant in female adult FGD at Ihuokpara noted, “As women lawyers and magistrates participate fully in the formal courts, women should be in Igwe-in-Council. A male farmer in IDI at Ihuokpara pointed out the need for female representation in the Igwe-in-Council as a way of protecting the interest of fellow women in conflict resolution. Adult educated male participants at FGD in Ihuokpara also expressed support for the inclusion of women in the Igwe-in-Council as a way of boosting women’s participation in decision-making and conflict resolution.

Proposals were also made for reform in favour of the poor. These include the inclusion of credible poor people in the Igwe-in-Council identified by 52.9% of the respondents, the removal of all forms of discriminatory laws and customs identified by 43.1% of the respondents. Similarly, 29.3% and 7.1% of the respondents consider a reduction in the cost of obtaining justice and enhanced documentation as other areas that need review. Several suggestions were made by participants in FGDS and IDIS about improvements to be made in Igwe-in-Council.

An IDI male cabinet member at Ihuokpara stressed the need to provide a means of giving members some incentives or compensation. He emphasised the need for some payment for members of the Igwe-in-Council. Adult FGD male in Ihuokpara also supported the idea of incentive for members of the Igwe-in-Council. An IDI, male disputant (driver 45 years) at Ihuokpar in agreement indicated that provision of incentives to Igwe-in-Council members would motivate them and discourage the likelihood of influence through gratification by people who bring cases.

A male opinion leader in IDI at Ihuokpara indicated that one of the strategies for ensuring impartial resolution of cases is for the villages to select those who will represent them at the Igwe-in-Council. He further said “if Igwe-in-Council members are selected by the Igwe, the latter would seek only those that would be loyal to him.”

The need for appropriate documentation of proceedings was emphasised by a female IDI (youth disputant) at Eha – Alumona. This will help to facilitate the use of reference in dispute resolution. She also suggested inclusion of knowledgeable persons especially educated ones in the Igwe-in-Council

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A male farmer in IDI at Ihuokpara also suggested that women should be given a chance to belong to the Igwe-in-Council. Some of the participants in male FGD (adult) in Ihokpara also suggested the need to incorporate women in the Igwe-in-Council.

Some of the participants in youth male FGD at Eha – Alumona suggested the inclusion of the poor in the Igwe-in-Council to enable them protect the interest of the poor. The need to have a balanced representation among the members of Igwe-in-Council was suggested by some participants in adult male FGD in Ihuokpara (educated). They suggested the inclusion of the “non-freeborn” (Odenigbo) in the Igwe-in-Council. According to them the imbalance in the Igwe-in-Council does not allow many people to come close in order to be known.

2.2.17 Igwes Abilities and Limitations

Abilities The Igwes in council in Enugu State have proven their abilities in the administration of justice at the grassroots level.

Investigative Ability. In land cases for instance, members of the cabinet do not give judgement until the land in question is visited. Such visits are less costly in terms of money and efforts as most members of the Igwe-in-Council reside in the community. A male participant in FGD at Ihuokpara emphasizes that the members of the IIC are in a very good position to carry out a thorough investigation because they are on ground and have established traditional structure for finding out the truth.

The Benefit of Hindsight

There is also the fact that the Igwe-in-Council has some knowledge of some of the disputes that are brought before the council for resolution because they are also members of the community. Such background knowledge of cases enables them to make sound judgments on cases. This is because they do not rely solely on the logic of presentations but also on the morals and values of the society Buttressing this point, a male FGD participant at Ihuokpara said that the IIC approaches cases systematically by taking the surrounding circumstances into consideration.

Power of reconciliation

The fatherly disposition of the Igwe is a major asset. In the words of a female adult FGD Participant, the Igwe’s palace is like a shelter for us”. Typically, members of the Igwe-in- Council use their fatherly disposition to reconcile parties to a conflict at the end of the judgment. Bridges of friendship and brotherliness that were broken as a result of the dispute are thus rebuilt through reconciliation of opposing parties. A female IDI respondent at Ihuokpara said that the IIC settles cases in such a manner that at the end of it everybody goes home peacefully and happily. Some respondents alluded to the fact that lvii at times after going to the police, the disputants will take the case to the IIC for resolution and reconciliation. This is evidence of confidence in the system.

Limitations

Among the limitations that hinder the Igwe-in-Council in the administration of justice to the people are;

Funding

The Igwes-in-Council do not have funding for their operation. Members are also not remunerated for their services to the society. They are thus restricted to holding their sessions once a month so as to use the other days of the month to fend for themselves and their families. They task themselves to procure basic working items such as exercise books, envelopes, typewriters, pens, files, and to transport themselves to dispute sites at distant locations.

Many respondents believe that members should be remunerated for their services. One FGD respondent said: “One thing I feel that will increase the efficiency of the IIC is that the government should start paying salary to encourage them Another FGD respondent opined as follows: “The activities of the IIC help to reduce the cases that should have been lodged with the formal courts. As such government should do something to encourage them.”

Lack of power to handle criminal matters

The Igwes-in-Council are not permitted by the Constitution of the Federal Republic of Nigeria to handle criminal matters. This constitutes a great inhibition on their powers. But as revealed by this study, pressure is often mounted on them to settle such cases and as previously indicated, they normally do so if the case does not involve personal injury. This study reveals that there is a need to extend the powers of the IIC to designated criminal cases that do not involve personal injury or serious criminal implications.

Lack of coercive power to enforce rulings

Unlike the formal courts, the Igwe-in-Council lacks the power of coercion to enforce its rulings against a recalcitrant party. In principle, this may constitute a limitation on the powers of the Council. But this study shows that in practice, parties normally abide by the decisions of the IIC because of its democratic nature.

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2.2.18 Actual and Potential Interface Between the Igwe-in-Council Practices and Procedures and Those of the Formal Courts,

The practices and procedures of both systems enjoy close affinities in some areas but differ substantially in certain respects. For a better appreciation of the respective systems it is necessary to examine the two systems under the following sub-headings.

Actual interface between the formal courts and the Igwe-in-Council i. Scope of cases handled

It is trite law that a body whether judicial or quasi-judicial cannot go beyond the scope of its jurisdiction. Unlike the formal courts, which handle both criminal and civil cases, the Igwes-in-Council have no jurisdiction to handle criminal cases.

In line with this legal prohibition, the Igwes-in-Council tries to restrict themselves to civil cases. However pressure is often mounted on them by disputants to resolve `minor criminal cases’. Such cases which often arise at the community level include fighting, assault and stealing of domestic animals and other minor items. The responses on the kinds of cases that are handled by the Igwes-in-Council show that 20.3% of such cases are `minor criminal cases’ such as fighting, assault and stealing. But it is obvious from the statistics that the knowledge of the respondents on the scope of cases that the Igwes- in-Council handle is influenced by the level of education of the respondents. Of those who indicated that the Igwes-in-Council handle or should handle minor criminal cases, a higher proportion came from the categories of the respondents with no formal education as well as those with secondary/primary education. However a small proportion of other persons who responded in like manner have NCE, HND, and University Education. This shows that the respondents in the low qualification categories may not be conversant with what constitutes criminal cases.

Focus group discussions and In-depth interview results on these issues are more illuminating. Various participants reveal that such minor cases are often reported to the Igwe-in-Council. But the unanimous opinion is that if a case involves personal injury to any of the parties, such cases are referred to the police for investigation and possible prosecution.

If however a case involves stealing of minor item such as domestic animal, inexpensive household item, assault not occasioning harm, then the Igwe-in-Council will resolve it.

Indeed there is every justification to extend the scope of jurisdiction of the Igwe-in- Council to minor criminal cases. Their vantage position in the community puts them in a good position to resolve such cases and reconcile the parties.

lix ii. Openness of proceedings and fair hearing.

A cardinal thrust of a justice system is the openness and transparency of its proceedings. Such a system must be seen to offer justice in all its ramifications. Thus it must observe the rules of natural justice. The parties must be given adequate opportunity to prove their respective cases including the right to call witnesses to testify on their behalf. It is imperative that they must be given fair hearing. The formal courts are thoroughly groomed to observe the principles of human rights. A violation of this principle invalidates a decision.

The research shows that the Igwes-in-Council observe the principle of fair hearing in their proceedings. Like the formal courts, parties are given ample opportunity to state their cases. But unlike the formal court there is no representation. Each party narrates his own side of the matter starting with the petitioner. This is followed by questions and counter questions by the disputants. They call their witnesses in turn. The number of witnesses appears unrestricted so long as any person has something useful to say. Members of the Igwe-in-Council enjoy unrestricted freedom to pose questions to the disputants and their witnesses. This is similar to examination and cross-examination of parties by prosecuting and defence counsels in the formal courts. Witnesses also enjoy the right to express their opinions as to the direction the verdict should take. The Igwe summarises and gives the cabinets’ decision based on the preponderance of opinions of those that have made inputs.

There is no doubt that the Igwe-in-Council offers parties equal opportunity to obtain justice. This opportunity is strengthened by the fact that the decisions of the council are based on majority opinions of members supported by cogent reasons. Majority of respondents assert that there are no aspects of the Igwe-in-Council practices and procedures that are unfair to the poor, the women or any other vulnerable group. As regards the poor, 80.7% of the respondents say that there are no aspects of the practices and procedures that have elements of injustice against them while 8.7% indicated that they were some. Similarly, statistics were obtained as regards the women. 85.3% said that there are no aspects that have elements of injustice against the women while 13.7% perceive some injustice. On the openness and accessibility to the poor, 89.7% of the respondents indicated that the system is open and accessible to the poor while 10.0% indicated that it is not accessible. 0.3% had no idea. lx

Box 7: Igwe-in-Council Proceedings No. 5

The matter before the cabinet was a fight between two neighbours. The Igwe introduced the matter and invited the petitioner to present his case. The petitioner, after introducing himself stated that one day the respondent came to his house with two policemen in mufti and arrested his son (S). They took the boy to an unknown destination. Thinking that the boy was taken to the Igwe’s palace, he went there to search for him but was told that he was not there. He later found him in the police station. After taking the boy on bail he made a formal report to the Igwe.

The respondent was asked to state his case. He narrated how S came to his house one morning and went in to exchange pleasantries with other inhabitants. He left him there only to come back about 10.am to hear that he had beaten his daughter (G) mercilessly. He went to his parents to complain. He requested them to arrange for the treatment of his daughter with immediate effect. Later that day, his wife went to the petitioner’s house. The petitioner’s wife descended on her. In the process, his wife who was recovering from a surgery sustained serious injury and was rushed to the hospital.

The petitioner’s son was called upon to state his case. He said that on the day of the incident, he parked his bicycle in front of the respondent’s house and went in to greet the inhabitants. When he came out, he noticed that G had taken the bicycle away. When she came back with the bicycle, he scolded her for taking the bicycle without his consent. In reaction, the girl pushed the bicycle down causing some of the spokes to break. She then ran away.

Later, S saw her with her mother’s bicycle. He deflated the tyres of her bicycle as a punishment for damaging his own bicycle. The girl held him insisting that she would deflate his own tyres Passers-by tried to resolve the case but the girl refused. Soon after, the girl’s aunt came out and joined her to fight S. He (S) condoned the assault and went to his house.

He further stated that within one hour, G’s mother came to his house and slapped him five times tore his testimonials and destroyed his stove, radio, bucket and a book (these items were presented before the cabinet as exhibits). The following day, G’s father came to his house with two policemen to arrest him alleging that he beat his daughter, G (a girl of about 13 years) and his wife. G was asked to state her case. She said that her mother sent her on an errand. That S saw her and started beating her because she had earlier refused to run an errand for him.

G’s mother in her evidence said that her daughter informed her that S beat her because of her refusal to buy snuff for him. She denied destroying S’s belongings.

Witnesses were called by both parties in succession. Members of the cabinet posed questions to the parties and their witnesses to check the veracity of their assertions. At the end of the case, the parties and their witnesses were asked to go out to enable the cabinet lxi members to deliberate on the issues raised. The cabinet members freely expressed their opinions each supporting his argument with cogent reasons. The Igwe was the last to express his own opinion. He adopted the majority opinion. The witnesses were called in. By way of preamble the Igwe stressed the need for peaceful co-existence of neighbours. He gave the verdict of the cabinet as follows

1. That the girl was at fault by playing with S’s bicycle without his consent 2. That the girl’s mother was at fault by going to S’s house to fight and destroy his belongings 3. That S was at fault by beating a small girl, a neighbour’s daughter without reporting the case to her parents; also for fighting with a sick woman 4. That the parties, being both at fault, should share all the expenses on both sides equally. After the verdict, the parties were allowed to react. The respondent said that he needed to visit the doctor to ascertain the state of health of his wife before making a definite statement. The petitioner accepted the verdict without reservations pledging to abide by any directive made by the Igwe’s cabinet. The Igwe promised to accompany the parties to the doctor to ascertain the exact bill and also to assist S to obtain a replacement of the testimonial from his former school if he could not sellotape the torn copy. iii. Recording of proceedings.

An area of contrast between the formal courts and the Igwes-in-Council is the mode of recording proceedings. Whereas the formal courts maintain records which are easily accessible to parties and members of the public, the Igwes-in-council record their proceedings in registers that can only be consulted on request. The proceedings are neither typewritten nor published. This makes accessibility to records difficult and cumbersome. The majority of respondents appreciate the need for proper recording. On the question as to the aspects of the formal courts that can be held as the best practices, adequate and proper recording of proceeding recorded the highest frequency. In the same vein, proper documentation recorded the highest frequency as the beneficial aspect of the formal courts that can be used as models for the Igwe-in-Council. Similarly, the majority of the participants in the focus group discussions and in-depth interviews stressed the need for proper documentation of proceedings as a means of improving the administration of justice by the Igwes-in-Council in Enugu State.

Potential interface

i. Finality of decision and the ability to enforce sanction.

A sharp contrast between the formal courts and Igwe-in-Council proceedings can be seen in the area of finality of judgments and the ability to enforce sanctions. Subject to the right of appeal, a decision of a formal court is final and the parties have no right to refuse to comply. They cannot question the decision after pronouncement. They can only go on appeal. Under the Igwe-in-Council, parties are given the opportunity to react to the verdict. This creates room for the loser to express his reservations about the judgement. lxii

Though democratic in nature, this system casts aspersion on the authority of the cabinet. Since the system gives each party adequate opportunity to establish his or her case, it is not necessary to grant further freedom after the pronouncement of the judgement.

Furthermore, the Igwe-in-Council lacks the coercive power to enforce its decision. There is no power of coercion but moral suasion. This means that if a party refuses to comply with the terms of the verdict there is little or nothing the council can do. This is the more so now that ostracism is seen as a violation of human rights. Ostracism was one of the weapons used at the community level to discipline a recalcitrant member. This system excludes the affected member from participation in community activities. Such a person is not allowed to interact with other members of the community. This study shows that ostracism is not applied by the IIC of any of the communities visited as it is seen as a violation the right of association. ii. Orderliness of proceedings and comportment of parties.

The Igwe-in-Council proceedings lack the orderliness and decorum of the formal courts. The participants often abuse the right of freedom of expression leading to disorderliness. The need for orderliness and comportment of parties in any justice system cannot be over emphasised. 24.2% of respondents covered by this research see orderliness during proceedings as one of the best practices of the formal courts. There is need to improve this aspect of the practices and procedures of the Igwes-in-council. iii Speedy Resolution

This is a major advantage of the Igwe-in-Council proceedings over the formal courts. Whereas a case can last for years in the formal courts, many cases are speedily disposed of by the Igwe-in-Council. On the average, it takes about three months to resolve a dispute. The actual duration however depends on the nature of the dispute involved. While some can be disposed of at one sitting, others may take months to be resolved. Some cases such as matrimonial and land issues are purposefully delayed to allow tempers to subside. In matrimonial cases, the intention is to make room for possible reconciliation of the parties. According to one of the Igwes interviewed, no one is in a hurry to dissolve a marriage. The council therefore employs delay tactics while exploring the possibility of reconciling the parties.

According to the respondents, land cases take the longest period to resolve. This is to enable members of the council to conduct proper investigation. iv. Restitution

Resolution of conflicts at the Igwe-in-Council entails restitution to the innocent party, which strengthens the cause of justice. In contrast, in the formal courts penalties in the form of imprisonment or fine do not allow for restitution to the victim of the offence. The incentive to pursue the case is thus minimal in the formal court system as it does not see restitution as important. A glaring example of restitution can be seen in the case lxiii reported in Box 2. The price of the oil in dispute was refunded to the owner after the resolution of the case.

Reconciliation of Parties

A potential interface between the Igwe-in-Council and the formal courts is the area of restitution and reconciliation. Unlike the formal courts, which are rigid in the application of laid down rules, the Igwes-in-Council system ensures post dispute cordial relationship. Resolution is accompanied by reconciliation. The openness and democratic procedure adopted by the system generates confidence. The result is that both the loser and the winner go away without bitterness. The natural feeling of defeat by the loser often fizzles out by the fairness and unbiased decisions of the Council. The openness of the system not only positions the loser psychologically to accept the verdict, but affords him the opportunity to discover his guilt.

This was confirmed by participants in IDIS and FGDS. According to a male FGD respondent at Ihuokpara, “All the members of the IIC are usually disposed to saying their opinion in any dispute brought before them . From their contributions, the Igwe will know the guilty person and when the judgement is pronounced, the guilty party will know that he or she is guilty.

Box 8: Reconciliation of Parties No. 1 X, aged 45 years had his matrimonial dispute with his wife resolved by the Igwe-in- Council after a period of separation. He said that the verdict opened his eyes to his shortcomings. Immediately, he became remorseful. He carried his wife on his bicycle from the Igwes palace to their home. They have lived happily ever since.

Box 9:Reconciliation of Parties No. 2 Another participant said “In a land case, my father and another family had a dispute over a piece of land. The dispute started before I was born. It was taken to the “olden days” court where my father won. The other person refused and the case was brought before the Igwe-in-Council in 1976. The verdict still went to my father. The parties became friends there after”.

Box 10: Fairness of the Igwe-in-Council A participant in the female adult FGD (uneducated) at Ihuokpara said “The Igwe’s palace is like shelter for us. You take cases there and they (Igwe-in-Council) will tell you the truth, wherever you are going, you will have peace of mind that Igwe-in-Council has settled the case. Even if you did not like the outcome (as may be applicable to someone who lost the case) at least you know Igwe tells the truth and cautions anybody that is at fault.

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3.0 Conclusions and Recommendations

3.1 Conclusion

It is evident from the study results that the traditional justice system (Igwe-in-Council) makes significant contributions to the dispensation of justice at the grass roots level. Preference for the Igwe-in-Council over the formal courts is reflected in the advantages of the system as perceived by the people. Major advantages include speedy dispute resolution, openness, transparency and accessibility as well as affordability or cheap cost of obtaining justice. The high performance of the Igwe-in-Council was found to be sustained with the complementary role of the other traditional structures involved in the resolution of conflicts in the communities such as the council of elders, kinsmen, daughters of the family, age grades, vigilante, and in-laws.

The advantages/strength of the Igwe-in-Council not withstanding, the disadvantages/weaknesses of the system were primarily the lack of representation and non-participation of women in Igwe-in-council practices and proceedings. Another critical weakness of the Igwe-in-Council is the absence of proper record keeping and documentation of proceedings for consistency and reference. However, the Igwe-in- Council, the CBOs, and other traditional structures involved in dispute resolution and the communities themselves expressed readiness to embrace reform that will introduce best practices from the formal courts in order to enhance their performance in the dispensation of justice.

The responses of the participants to questions regarding the best practices of the formal courts disclose abject ignorance. Many respondents claimed that they had never been to the court and so are unfamiliar with courts’ practices and procedures. They are, therefore, aware of any practices that can be regarded as “best practices”.

The respondents’ perception of human rights also leaves much to be desired. Among the rights listed as human rights are right to marry and have children, right to be employed and earn wages and right to social amenities. Many of the respondents are not aware of basic fundamental rights enshrined in the Constitution. This calls for grassroots advocacy and enlightenment programmes. Educational empowerment of women is vital to enable them take advantage of any reform that may be put in place.

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3.1 Highlights of the Study

(1) The study identified the elaborate traditional structures for conflict resolution before matters are taken to the Igwe – in- council in the communities studied. These includes Kinsmen (umunna), In-laws (ndi ogo), Council of elders (oha), Daughters of the family (umuada), wives association (inyom di), Age grade (otu ogbo), Vigilante group (ndi nche obodo), Town unions, Youth groups men’s women’s associations.

Respondents’ perceptive irrespective of gender, age and education that it is essential to use these structures in conflict arbitration is indicative peoples’ adherence to the system of hierarchical structure of conflict resolution in these communities.

(2) In addition to handling civil cases such as land disputes, matrimonial cases, inheritance cases, damage to farm croups, inter-community conflicts and refusal to participate in communal labour the Igwes adjudicate simple offences manely,indecent behaviour, loitering and breaches of the peace; misdemeanours such as fighting in the public places, “affray” assaults and even some felonies, e.g. poison related offences, burglary and stealing, even though, according to the law, their jurisdiction is confined to civil cases.

(3) There is a high level of awareness among adult respondents irrespective of gender of the procedures for lodging complaints at the Igwe–in–Council, but there is a low awareness as regards the youths.

(4) The Igwe-in-Council meets at fixed intervals and meetings are held once a month except where emergency meetings are held as the need arises.

(5) Although there is no restriction in terms of gender or social status in the selection of an Igwe, the research shows that for now the post appears reserved for men since there is no female Igwe in Enugu state.

(6) There is no financial remuneration for the members of the Igwe-in-Council

(7) Majority of respondents have never taken cases to the Igwe-in-Council. The Igwe-in- Council serves as a forum of last resort being the highest dispute resolution body at the community level. In a way, its role is analogous to that of the supreme council.

(8) Over 60% of respondents indicated that the conflicts they took to Igwe-in-Council were satisfactorily resolved.

(9) Most cases before the Igwe-in-Council are speedily resolved; the average period being three months.

(10) Aspects of the practices and procedures of the Igwe-in-Council that are pro-poor include refund of litigation fee if one is not found guilty, affordable fines or penalty, lxvi waiver of complainant fees, personal disposition of cases by the Igwe and equality of treatment of the poor and the rich. The Igwe’s palace is seen as “a shelter”

(11) About 90% of the respondents believe that the structures for dispute resolution are open and accessible to the poor. Observation of the Igwe-in-Council proceeding shows that witnesses have the right to suggest what they consider to be appropriate judgement

(12) Aspects of Igwe-in-Council practices and procedures that favour women are honesty, fairness and speedy resolution of cases.

(13) Aspects of Igwe-in-Council practices and procedures that are against women are lack of representation of women in the cabinet as well as non-involvement of women in rule making and conflict resolution. Only one out of four councils comprises women as regular members Two of those without women explained this on the grounds of tradition but said they were not opposed to having women on the councils.

(14) The Igwe in the only community that has women in his cabinet has acknowledges that their presence brings competition in the cabinet and that positive changes have been taking place since their inclusion.

(15) Human Rights related issues of concern identified by respondents include right to life, freedom of movement, freedom of worship, freedom of speech, right to own land and property, right to good leadership, freedom of association, right to marry and have children, right to education, right to be employed, right to fair hearing, right to shelter and social amenities and right to security.

(16) A serious issue of human rights violation identified by the study is that of the discrimination against the “non-free born” or odenigbo. Some of them and their descendants are scattered in different parts of the communities. They are not accorded full rights and privileges like the free born. Efforts by the traditional rulers to integrate them have not yielded much fruits.

(17) Marginalised persons include childless women and widows.

(18) Since it takes anywhere from N500.00 to N600.00 to present a case to the Igwe- in-Council, not everyone can afford that and some poor people may thus be excluded.

(19) The study reveals the view of the minority that human rights of the poor are marginalised because of the “non man –poor man” syndrome of the Igwe-in-Council.

(20) The research shows that the Igwe-in-Council observes the principle of fair hearing in their proceedings. Each party narrates his own side of the matter starting with the petitioner. The number of witnesses is not restricted as long as any person has something to say.

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(21) The study shows that the decisions of the Council are based on majority opinion of members supported by cogent reasons.

(22) Under the Igwe-in-Council, parties are given the opportunity to react to the verdict.

(23) The Igwe-in-Council lacks the coercive power to enforce its decision. There is no power of coercion but moral suasion.

(24) Respondents prefer to take cases to the Igwe-in-Council rather than the formal courts because of its familiarity with the customs concerning the cases before it.

(25) Proximity, accessibility of the Igwe-in-Council to the community and affordability marked highest as an advantage of the system over the formal courts.

(26) About 81% of the respondents said that there are no aspects of the practices and procedures that have elements of injustice against the poor.

(27) 85.3% said that there are no aspects of the practices and procedures of the igwe-in- council that have elements of injustice against the women.

(28) The Igwe-in-Council proceedings are recorded in registers and can be consulted on request, although the proceedings are neither typewritten nor published hence accessibility to records could be difficult and cumbersome.

(29) Speedy resolution of cases, enhancement of post-dispute relationship among the people and absence of language barrier and protocols constitute major strengths of the igwe-in-council.

(30) Weaknesses of the Igwe-in-Council identified include preferential treatment for the rich, inability of some disputants to fulfil some of the necessary financial obligations.

(31) The research shows that high cost of litigation cited by 84% of respondents and also lack of confidence and language barrier are associated with use of formal courts.

(32) The participation of women in Igwe-in-Council was suggested by 63% of the respondents as a necessary reform.

(33) One of the Igwes stressed the need for reform to include women in the cabinet. However he noted that “Reform will come with time, time will be the healer.”

(34) The inclusion of the poor and the non-free born in Igwe-in-Council was also suggested.

(35) Fair judgement and accessibility, reduction in the cost of litigation, respect for freedom of speech, personal defence of cases by disputants, oath taking in serious cases, lxviii thorough investigation and non-detention of accused persons were identified as aspects of the best practices of the Igwe-in-Council.

(36) Aspects of the formal courts highlighted as best practices include use of experts and legal luminaries, adequate and proper documentation of proceedings, imposition of punishment as a deterrent, inclusion of women in the resolution of conflicts, orderliness in the proceedings and use of the Constitution.

(37) Respondents indicated the use of code of conduct and provision for appeal as beneficial aspects of the formal courts practices and procedures which could serve as models for the Igwes-in-Council.

Box 11: Highlights of Igwe-in-Council Proceedings

As shown in the five boxes on the proceedings of the Igwe-in-Council similar practices are obtainable in the four communities visited. The Major highlights are as follows

1. The Igwe presides over the meeting of the cabinet. In his absence the traditional prime ministers can preside. 2. The Igwe mentions the dispute brought before the cabinet. 3. The Igwe invites the petitioner to state his or her case. 4. The respondent is invited to state his or her case. 5. Each party calls his/her witnesses one after the other starting with the petitioner. 6. Parties and their witnesses are asked to go out to enable the members of the Igwe-in- council to deliberate on their submissions. 7. Observers are asked to make their inputs if any. 8. Parties and their witnesses are called in. 9. The Igwe delivers the judgement, which is the majority opinion of all the contributors. 10. Parties are given a further opportunity to express their opinion on the verdict. 11. The Igwe reiterates the position of the cabinet stressing the need for peaceful co- existence and respect for constituted authority. 12. All the people present, including the disputants and their witnesses shout “Igwee” as a mark of respect for the Igwe.

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Box 12: Summary of Similarities/Differences Between the Study communities

Similarities

1.Existence of other dispute resolution structures in addition to the Igwe-in-council 2.Respect for traditional dispute resolution structures is noticeable in both communities 3.Adherence to the hierarchical structure is a common phenomenon. Thus cases go from one structure to a higher one until it gets to the Igwe-in-Council if not successfully resolved by the lower structures. 4.Similar cases are handled by the Igwe-in-Cuncil of both communities. These are civil and “minor criminal cases”. 5.Monthly meetings of the Igwe-in-Council and emergency meetings if the need arises 6.Exclusion of women in the Igwe-in-Council proceedings. 7.Equality of treatment of all disputants irrespective of sex or economic status. 8.Decision making is based on majority opinion of all contributors 9.Male chauvinism is noticeable in both communities particularly in matters relating to the inclusion of women in the Igwe-in-council. 10. Youths (15-25 years) are largely ignorant about the practices and procedures of the Igwe-in-council.

Differences

No significant differences between the two communities that made up the study area. But Eha Alumona respondents exhibited better familiarity with the practices of the formal courts. Perhaps this can be explained on the proximity of the community to Nsuka town, which has formal courts.

3.2 Experiential Learning

This study on Human Rights and Accessible Justice During the Proceedings of Igwes-in- Council in Enugu State is a multi-disciplinary research involving a team of social scientists and a law researcher. It has provided the team of consultants increased organisational capacity and team spirit needed to execute various activities geared towards achieving the objectives of this project. The consultants have also gained new knowledge and skill in the application of various research tools and methodologies for questionnaire administration using in-depth interviews (IDIS), focus group discussions (FGDs) and observation of proceedings. They were also exposed to various data analysis procedures and statistical packages (e.g. SPSS), which were hitherto not applied in their own field of knowledge and research. The consultants have also gained deep insight into the traditional justice system with respect to the strengths and weaknesses, advantages and disadvantages as well as the best practices and procedures inherent in the system, which can be models for the formal courts. It provided the opportunity to observe the key differences between the Igwe-in-Council (traditional justice system) and the formal courts. This was made possible through the participation of the consultants in four Igwe- lxx in-Council proceedings of Ugwogo Nike, Ihuokpara, Eha Alumona and Umunwene Nike Communities in the study locations.

The study has also increased the consultants’ knowledge and understanding that women have great potential to contribute positively to the traditional justice system (Igwe-in- Council) and the overall development of their communities. Although women’s participation in Igwe-in-Council was absent in most sampled communities, the case of Ugwogo Nike was a contrast. Eleven (11) women out of thirty-two (32) are cabinet members. The women are vocal, bold and make useful contributions during the Igwe-in- Council proceedings. This is an indication that there is room for change in the status quo with increased advocacy and community education. Also, the fact that the Igwe-in- Council in the sampled communities permitted the two (2) women researchers/consultants to sit in as observers as well as make contributions during their proceedings shows good cooperation, respect and understanding on their part and is an indication of their willingness to welcome and adopt any reform that may improve the traditional justice system in Enugu state.

A learning experience gained by the researchers/consultants that is worthy of note for designing and employing future projects related to difficulties and or limitations in communicating and conveying the objectives of the research to the people in the communities. The sensitive nature of the study demanded extra efforts in convincing the people on the objectives of the research even when the proper channels of communications had been followed. This problem is associated with the socio-cultural background of the people in terms of literacy, education and worldview. At the initial stage of the study, some respondents were wary about the objectives of the study. Some wondered whether our mission was to probe the Igwe and his cabinet with a view to removing them. But with proper explanation of the purpose of the study, their fears were allayed and they participated freely

3.3 Action Points/Recommendations

The following action points and/or policy recommendations arising from the results of the research are considered imperative in order to achieve significant reform in the traditional justice system (Igwe-in-Council) in Enugu State.

1. Record keeping and documentation of proceedings

Based on the research findings, 49% of the respondents indicated that the Igwe and Igwe’s cabinet formulate the rules governing the proceedings of the Igwe-in-Council in civil and minor criminal matters. Twenty-five percent (25%) and 21% of them mentioned the council of elders and Igwe respectively. It must be noted that these rules are mere oral traditions that are not recorded nor documented for posterity or as reference materials.

The DFID interactions with the traditional rulers in recent times have exposed the need for proper documentation. The traditional rulers on their part are enthusiastic to improve lxxi their system in this regard. At the end of a two-day workshop on Record Keeping and Effective Meeting Procedure organised for them by DFID, they expressed their conviction about proper recording by making it a cardinal point of their communiqué.

There is the need for the Enugu State Ministry of Justice with the network of NGOs in the justice sector supported by DFID Access to Justice programme to sustain this enthusiasm. The Enugu State government should support proper documentation of proceedings by making it an important criterion in the assessment of the Igwes and their cabinets.

2. Capacity building and training for Igwes-in-Council members

The study reveals that a vital qualification for membership of the Igwe-in-Council is title holdership and integrity of male individuals in the communities and not necessarily educational qualification or economic status Thus a person with title or no formal education can be admitted so long as he is versed in the custom of the community and possesses other criteria for appointment. Capacity building/training programmes are imperative to empower them. In particular, the cabinet secretary should be empowered with the skill of keeping records. This will ensure accurate recording, which will engender added confidence in the system. Training of trainers (TOT) workshops for network of NGOs should be organised by the Access to Justice programme of DFID, Enugu State, to sustain the momentum at the community level. Capacity building/training for the Igwes-in-Council has the potential to enhance performance in terms of orderliness of proceedings, effective use of code of conduct for guidance and proper documentation of proceedings of the Igwe-in-Council.

3 Representation of Women in Igwe-in-Council

Research results show that there are aspects of the Igwe-in-Council practices and procedures that infringe on the rights of women such as the lack of representation of women in the Igwe-in-Council. Again, those interviewed pointed out that non- involvement of women in the formulation of rules and in decision-making on many customary issues is a major discriminatory practice against women. The reason for this harmful traditional practice is that women as strangers to the communities may not be familiar with the traditions. An interesting departure from this scenario is that of Ugwogo Nike where out of 32 members of the Igwe-in-Council, 11 of them are women.

In order to improve the administration of justice by the Igwe-in-Council, majority of the respondents suggested adequate representation of women in the Igwe-in-Council including the youths and the poor. A multi faceted approach of intensive advocacy campaigns and community legal education through rights NGOs and CBOs, education with sustained funding support from the Enugu State Access to Justice programme is recommended for a change of this status quo. Adequate gender representation in the Igwe-in-Council should form an important criteria for extending incentive support to the Igwes-in-Council and recognition by the Enugu State government. Incentive support could be in the form of furniture, books, public address system, stationery and sitting lxxii allowances for the Igwe and members of his cabinet. This will also encourage some of the Igwes and their cabinet members to be domiciled in their communities for better performance.

4. Review and Implementation of Enabling Customary Laws.

The research results show that most of the respondents are in support of a review of the existing customary laws to address the problem of discrimination against women and the elimination of the caste system in Enugu State. These discriminatory traditional practices in the communities tend to impede the speedy dispensation of justice by the Igwes-in- Council as well as constrain development efforts. The Enugu State Government (ENSG) has some laws against various forms of discriminatory practices. However, most of these laws have remained passive for some years without grass roots awareness and implementation.

An action point arising from the research is the need for a review of the existing laws and their implementation to address the discriminatory customary practices against women and other vulnerable groups in Enugu State. The network of rights NGOs in Enugu State in liaison with the State Ministry of Justice should initiate advocacy visits and a bill to the Enugu State House of Assembly on these issues. They should design a work programme through a strategic planning workshop for dismantling the harmful traditional practices at the grass roots. Funding support for the implementation of these programmes should be provided by the Enugu State Access to Justice Programme.

5. Networking of Key Stakeholders.

The study has revealed the best practices of both the Igwes-in-Council (or traditional justice system) and the formal courts. There is also evidence of gaps between the Igwes- in-Council and the formal courts. An action point that demands attention is the establishment of a network of all stakeholders in the justice system in Enugu State e.g. the state and local governments, the Ministry of Justice, the Igwes-in-Council, NGOs and CBOs. It has the potential to create the desired platform for exchange of best practices among stakeholders for better performance of the justice system in Enugu State. This process should be facilitated by the Enugu State Access to Justice.

6. Extension of the Scope of Jurisdiction of the Igwes-in-Council

The results of this study which have disclosed a great interest by disputants to have their disputes (civil and “minor criminal cases”) resolved by the Igwe-in-Council have made the extension of the jurisdiction of the Igwes-in-Council to designated criminal cases imperative. The constitution of the Federal Republic of Nigeria should be amended to give judicial powers to the Igwes-in-Council to try civil and designated criminal offences. All the stakeholders mentioned above should collaborate to present a proposal to the government in this regard. lxxiii

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Ukwu I. U.. Anyanwu E. A. Ofong, I., Nwakoby F. U. Omeje R.C., Umoh B. D. Onyukwu E. O. and Ugwuonah G. O. (1998) Enugu State Poverty Report. Research Report Prepared for UNDP Lagos

United Nations Development Programme (1998) Human Development Report – Nigeria. Lagos: UNDP.

Umoh, B. D. 2001 Population studies for Nigeria: A new perspective. Enugu: institute for Development studies.

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5.0 Appendices - Terms of References - Questionnaire - Core Questions and In-depth Interviews/Focus Group Discussion Guides - Guide for Observation of Igwe-in-Council Proceedings - Photographs of some IDIs, FGDs and IIC activities - Map of Study Area - Sketch Maps of Sample Enumeration Areas