APPROACHES FOR RESPONDING TO VIOLENT CONFLICTS: A DIALECTICAL APPRAISAL OF THE INDIGENOUS CONFLICT RESOLUTION IN AGBOWA-IKOSI, COMMUNITY, LAGOS STATE.

Temitope Omotola Odusanya, GCILEX, Grad.ICSA

March, 2018.

TABLE OF CONTENTS

Keywords

Synopsis/Abstract

Introduction

Conflict: A Conceptual Analysis

(Indices) Indigenous Conflict Resolution

Dialectical Appraisal of The Resolution Procedures in the Community of my choice (AGBOWA-IKOSI)

Recommendation(s)

Conclusion

References

SYNOPSIS

Agbowa-Ikosi is a small yet growing Yoruba, Ijebu community in Lagos State. (It is now evident on the map) It is categorized under Epe Local Government. This paper will be examining the dialectical appraisal of indigenous conflict resolution in Agbowa community because it is a community of my choice. It is my parents and grandparents’ community. Thus, it is my community, a community where I lived as a child and a teenager; it is a community that I am very passionate about.

Essentially, for the purpose of this paper, it is community I reckon I will be able to elaborate properly on being that I can always gather information from some of the elders in the community especially my grandparents, who are extremely vast in knowledge, laws and customs of Abowa-Ikosi, and also being that the Kingship of Agbowa is from my paternal lineage. It therefore suffices to assert that no one can adequately do justice in portraying a true and vivid picture of the indigenous conflict resolution in Agbowa-Ikosi community other than ‘the people’ that constitutes and make up the community itself.

Be that as it may, this paper will commence by laying a proper introductory foundation of conflict, especially in the indigenous setting; it will proceed to critically examine the indigenous procedures for resolving conflict because in my village, there are different segments and procedures as all conflicts differs, this paper will be wrapped up with a recommendation and conclusion.

INTRODUCTION

Conflict is an element of social interaction; it is a natural and an inevitable part of human existence. Traditionally, it is defined as “a struggle over values and claims to scarce status, power and resources in which the aim of the opponents are to neutralize, injure or eliminate their rivals” (Onigun & Albert, 2001).

CONFLICT: A CONCEPTUAL ANALYSIS

Conflict in the traditional African societies takes diverse forms. These interpersonal and inter-communal conflicts ranges from land or boundary disputes, incompatibilities, magnitude of rage, values, market brawl, rift, management of information, misunderstanding, divergence in opinion, resources, fighting among adolescents, infidelity, marketing operations such as debt, stealing and fraud, family issues, public insurrection, assaults to mention but a few. (Ajayi & Buhari, 2014).

Conflicts do not happen in a vacuum. Cultures and conflicts are deeply embedded in human interactions; the way we name, frame, blame and the way we tame conflict. Therefore, acknowledging culture and bringing cultural fluency to conflicts can help all kinds of people make more intentional and adaptive choices. (Mbagwu, 2016).

INDIGENOUS CONFLICT RESOLUTION

People who have knowledge of the issues at stake and who are revered by the society better resolve conflict. Who if not these elders, is best to resolve conflict? Generally, in indigenous communities, there are certain key principles that regulate the conduct of conflict resolution in the traditional way. At the very top is the fact that all those who want their conflict resolved must be ready and willing to submit and to have assurance in the traditional tribunal consisting of chiefs, elders, priestesses, priests, etc. that would resolve their disputes in accordance with the customs and laws of the land. (Widnga, 2013).

The western world placed emphasis on a judicial system presided over by lawyers and judges whereas, the indigenous traditional Africa uses council such as elders, king’s court, peoples (open place) assemblies, etc. for resolving conflicts and in justice dispensation. (Nwolise, 2005:155) At the very core of this indigenous conflict resolution approach is the establishment of “truth.” And more often than not, the invocation of supernatural forces along with the presence of ancestral spirits are utilised as they usually force the truth out.

Cross-examination, which is the weighting of evidence through cross checking and corroborating of facts of the conflict, is an essential mechanism for ensuring a good system of justice in indigenous conflict resolution. (Olaoba, 2005). A Yoruba adage goes thus: Agbejo enikan da, agba osika ni meaning it is only a wicked and iniquitous elder that will hear a one-sided case and base his judgement on the evidence of that one party to the case. (Ajayi & Buhari, 2014).

AGBOWA’S INDIGENOUS CONFLICT RESOLUTION PROCEDURES

In Agbowa-Ikosi, indigenous laws are derived fundamentally from customs and traditions of the people. It is largely unwritten but sacredly preserved and its basic survival is through its public usage. This is because the indigenous community has a big square called (Ita Agbowa) the central town square and a town hall, or the King’s palace; on the whole, it is usually an atmosphere conducive for enduring dramatized performances. Basically, it is not taught anywhere, but watching or observing is knowing, asking for clarifications from elders, general questions especially by children who are curious further helps to garner the indigenous wisdom and traditional knowledge.

Sometimes it could be as basic as the (very wise and old) elders, leaders, women group, important heads of family units, youth leaders for example, Iya olode, Iya alaje, Olori ebi etc. depending on the nature of the matter and who it concerns. They usually come together by sitting in an elder’s sitting room or even under a tree over their palm wine and peppered bush meats and to discuss a disputed matter; they talk, argue, and disagree until they come to a generally acceptable agreement to ensure peace and tranquility. In consideration to the sensitivity of the matter or otherwise, they sometimes make fun of the matter, trivialize and make light or a somewhat grave situation where there is need for it. Basically, they discuss the case, identify the law violated, and plan a formula for resolution. As rightly noted by Olaoba, 2001, these elders are the force behind order or decorum in the traditional communities as they are the powerhouse of accumulated wisdom, experiences, and knowledge.

In certain circumstances, depending on the severity of the conflict, gods and ancestors (the living dead) are called upon, their spirit invoked and everyone especially the disputants are reminded of the aftermath of their wrath if they refuse to say the truth.

DIALECTICAL APPRAISAL OR STEPS IN RESOLVING CONFLICTS

It is strictly informal ad has been likened to a “common sense justice”. There is a different political unit that makes up the community; thus, there are steps for dispute resolution at:

Inter-personal family level;

The extended family level; and

The village or town level

The smallest unit is called idile (That is, nuclear Family) is headed by a Baale. In Agbowa-Ikosi, he is expected to visit the offended person, even if it is just to thank him or her for accepting a peaceful indigenous resolution of conflict. In addition to that, he may meet separately with the conflicting parties to calm their tempers and give them listening ears. The next unit is the Ebi, (extended family headed by Mogaji) who is the most influential or usually the eldest person in the Ebi. He keeps peace and order in his household. The extended family includes all people who have blood ties.

In Agbowa-Ikosi, it is the Baale’s duty to call together his household and warn them to desist from making any more trouble. The court imposed no fine. However, appeal could be heard from a court to the second court, which is the court of the ward-chief (IIe-ejo iroye Adugbo) this tried civil cases. It could not try criminal case but it had the authority to conduct preliminary investigation into the criminal cases before transferring them to the court of the king (lIe-ejo Oba). Oguntomisin, 2004 cited by (Ajayi & Buhari, 2014).

Recruitment Process

It is a sad truism that not all elders are worthy to be regarded as wise as some are very shameful and full of all sorts of bad manners. However, for the purposes of resolving conflict in Agbowa-Ikosi, I know for a fact that the elders that are allowed to participate in the resolution of conflict are recruited based on knowledge, their vastness in customs and law of the land, their integrity and honesty, reputable and impeccable character, their audibility, skilled speech, leadership and other similar qualifications. Above all these elders must be passionate, have the interest of the people at heart and full of wisdom. Community representatives who advise authority cushion the relationship between the authority and the community. (Ajayi & Buhari, 2014).

Accountability, unity, harmony, respect for humanity, respect for leadership and truth telling. These essential values are essential as they strengthen the bond of unity and they help to keep the fabric of Agbowa-Ikosi community stronger. (Mbagwu, 2016).

Setting

It is to be called that the matter is to be resolved by elders, thus, due homage must be paid to them. A woman has to greet in the traditional and proper way by kneeling until the chief gives permission to stand up while the men prostrate until he is told to do otherwise. The king’s palace, garden, Village Square, town hall, or even the sitting room of regent or elders (depending on the nature of the conflict at hand) is properly arranged to welcome the disputants to be heard. When they have all convened and greeted, the King, regent or elder declares the matter open for discussion. They disputants are allowed to speak in turn without distraction as the elders’ tries their best to ensure decorum in the best possible way.

Penalty

The elders recess to deliberate on the unresolved issue and verdict is reached. Whatever judgment given is accepted without question. Their verdicts can be accepted for many reasons such as integrity, age, honorary chieftaincy holding positions and the likes. It is imperative to note that fines or damages are not usually awarded in Agbowa-Ikosi like we have in modern day courts today. The fundamental aim is to restore peace and harmony into the community by settling disputes amicably. Conversely, mediators award simple fines as a deterrent to the occurrence of particular anti-social behaviour. This may be demanded in form of kola nuts or local gins both, which have ritual significance. Sometimes the kolanut is broken to several tiny pieces for all to eat and pass round to symbolize celebration and resolution of conflict. The drink (gin, palm-wine, ordinary water) is also passed round for all to taste. And the elders usually pour the gin to liberate the gods and ancestors of the people that were involved in conflict. These actions aid the reconciliation procedures.

Once a matter is resolved, emphasis is then put on how good neighbourliness can be achieved and preserved. Conflict resolution is reconciliation though fairly religious and it involves the community.

Elicitation of Truth

In eliciting the truth in my village, there might be need to involve a priest or priestess that is, a babalawo, and an herbalist from his shrine to see and sieve the truth out of people’s faces, heart, and soul. The royal shrine or religious sanctuaries in Agbowa-Ikosi are also used. They might be required to take an oath by swearing with Ogun charm with an inevitable assurance that if the mistakenly or accidentally lie whilst swearing with the Ogun the sacred god of iron, whatever they have used in swearing be it, children or trade or even themselves would crumble and die within seven days. Sometimes, they might be required to participate in traditional fetish things like drinking blood of a white fowl or something like that all in the aid to ensure the elicitation of the truth and nothing but the truth.

Witnesses are met with prior to the hearing date of the conflict in order to stress truthfulness and explain the consequences of refusing or failing to speak the truth. The respect for cultural values, king, regents, elders, and the traditional institution as a whole and ultimately, the fear of being hurt by charms (instant death) ensures the truth.

All those involved in the matter will attend and once a person is challenged to swear with ogun for instance and he or she does, everyone disperse and leaves the rest to ogun to decide whether it is legitimate or otherwise. In Agbowa-Ikosi, asides the Ogun, the Ayelala that is guardian of social morality is also used to establish the veracity of the story told by the disputants.

The Local Court

The local court in my community, Agbowa-Ikosi, has some similarities to modern day customary courts. Primarily, the kings’ court is the highest court of last resort to which appeal could be made. The reconciliation function is practiced by an authority figure that mediates between conflicting parties, encourages them to reach a concession but empowered to make binding judgments. We have ile oniwo; ile olokun, ile ojoye who all take their rightful seats in order to have says in the matter and how to resolve the conflict. The disputants are fined; in my community, for instance, the first disputant to bring his or her case is usually fined two thousand naira (#2,000) accompanied with a bottle of gin or schnapps. Conversely, the custom in Agbowa is that for the other disputant, that is, the one who brings his or her matter after the first will bring or be fined double of what the fist disputant brought. 

Essentially, if our king in Agbowa-Ikosi is not around because kings are usually the most sought after in my community when it comes to indigenous conflict resolution. Thus, the king might be too occupied and the regent of Agbowa-Ikosi will have to take over in resolving conflicts amicably. Also, it could be the case that the king passed away and because of the extremely ceremonial and time consuming way of appointing a new king, for instance, the whole village might have to wait for the rightful owner of the crown to come back from wherever he must have travelled to, the regent in such circumstances takes charge in the amiable resolution of conflicts.

RECOMMENDATION

Essentially, it is recommended that if sustainable remedy can be achieved in the local context: it gives us hope that regional and national conflicts can attain such measures provided they are willing and able to truly learn and to make recourse to their indigenous roots. (Otumfuo, 2004) There are so many natives of Agbowa-Ikosi who have left their place of origin and left behind the customs and traditions too. It might be helpful to trace back to our roots in order to re-evaluate and seek guidance by inculcating a little bit if not all in its entirety to our modern ways of resolving conflicts because they are the ways of our forefathers, they have been effective, they are still effective and as it appears, it seems that they would continue to be effective.

CONCLUSION

A society which neglects the instructive value of its past for its present and future, cannot be self confident and self-reliant; and will therefore lack internally generated dynamism and stability.

(Nwolise, 2005)

Every tribe, every community has its own unique and special indigenous way of resolving conflict. On this note, I reckon that, the Agbowa-Ikosi way of resolving conflict is highly unique and peculiar to its natives.

REFERENCES

Ajayi, A. T., & Buhari, L. O. (2014). Methods of Conflict Resolution in African Traditional Society, African Research Review, 8(2), pp. 138-157.

Duffey, T. (2000). ‘Cultural Issues In Contemporary Peacekeeping; In International Peacekeeping’ 7(1), pp.142-168.

Mbagwu, J. U. (2016). “Indigenous Approaches In Resolving Conflicts In Africa’ Alaba Press Limited, Ibadan, Nigeria.

Nwolise O.B. ed. (2005). Traditional Models of Bargaining and Conflict Resolution in Africa: Perspective on Peace and Conflict in Africa. Ibadan: John Archers Ltd., Nigeria.

Olaoba, O. B. (2005). “Ancestral Focus and the process of conflict resolution in Traditional African Societies”: Albert, A.O. (ed) In Perspectives on Peace and Conflict In Africa in Essays in Honour of General (Dr.) Abdul Salam A, Abubakar, Ibadan: John Archers Ltd.

Onwuka, O. (2009), “The ECOWAS Council of the Wise: An indigenous framework for Conflict Resolution” in Indigenous Systems of Peace In Africa. Africa Peace and Conflict Journal, 2 (1).

Otumfuo, O. (2004). Traditional System of Government and Modern State. Keynote Address by His Royal Majesty, Otumfuo Oseitutu II, Asanthere at the fourth African Development forum held at Addis Ababa, Ethiopia.

Widnga, W. (2013). “Post-Colonial Conflict in Africa: A study of Richard Ali’s City of Memories”, International Journal of Arts and Humanities, 2(4).

Interview with Mrs. M.A. Adekoya in Agbowa-Ikosi, Community on the 26th of November 2017.

Interview with Mr. Moses Hassan, Community Leader in Agbowa-Ikosi, Community on the 28th of November, 2017.

Interview with Chief Odusanya Omolaja, Odutola, Clan head, Agbowa-Ikosi, Community on the 30th of November, 2017.