Abstract
Prior to the advent of colonialism, indigenous people of sub-Saharan Africa had their system of criminology for the prevention or repression of crimes in a broad drive of social control. With the system being a creation of the people for themselves, the level of acceptance and reverence for it was relatively high. Moreover, in the prevention, detection and other aspects of crime control, reference is made to supernatural forces for intervention through oath-taking processes and objects of fetishism, charms, magic and some other measures. The supernatural dimension facilitated a socio-legal atmosphere in which the potent elements of mysticism and debilitating fear of terrifying deities helped to keep crimes at relatively manageable levels. The indigenous system, vis-à-vis its supernatural leaning, has been criticized as barbaric, unscientific and outdated, among others. Using Nigeria as a reference point, the chapter will expand on the persistent attractiveness of the indigenous approach among Africans due to the loss of confidence in the imposed foreign system of criminology. The central claim in this chapter is that there is a need to re-evaluate the essence of indigenous African criminology. The chapter suggests that post-colonial African governments can gain some vital lessons in crime control from the indigenous approach.
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Notes
- 1.
‘Psychic Witness’ online at http://www.tv.com/psychic-witness/show/61792/summary.html (date accessed 12/2/2011).
- 2.
The writer recalls a widely reported incident that occurred in Bolade-Oshodi, Lagos, Nigeria when he was in primary school in Lagos, Nigeria. Following a rainstorm, a group of persons who allegedly conspired in stealing some items of jewellery were struck and killed by thunderous lightning, their deaths popularly attributed to the supernatural wrath of Sango. Diverse accounts reported that the allegedly stolen items of jewellery were displayed on the bodies of the dead persons.
- 3.
The processes described subsequently are based on stories heard over the ages as well as discussions with some elderly people in the course of research for this paper. Generally, they are trite stories that anyone familiar with indigenous criminological practices of the Yoruba can readily relate to.
- 4.
This account was obtained from a leader of one of the prominent vigilante groups operating in Abeokuta, Ogun State, Nigeria. The man affirmed that he has such mechanism set up in his house to complement other indigenous protective measures.
- 5.
See Criminal Code Cap. C38, Laws of the Federation of Nigeria 2004, section 207.
- 6.
Obilade (1979, p. 4): ‘One of the notable characteristics of the Nigerian Legal System is the tremendous influence of English Law upon its growth. The historical link of the country with England has left a seemingly indelible mark upon the system: English Law forms a substantive part of Nigerian Law’.
- 7.
This is a process where, due to previous and frequent applications of a customary law, a court would be deemed to have knowledge and awareness of it such that there is no need to prove its existence afresh before the court where the customary law comes into question. See Asein (2005, pp. 122–124).
- 8.
On this basis, the courts have nullified different customary law rules which were hitherto held sacrosanct and impeccable among the people in the traditional pre-colonial settings. See e.g. the case of Edet v Essien (1932) 11 NLR 47.See also the relatively more recent case of Okonkwo v Okagbue, (1994) NWLR (368) 301.
- 9.
See e.g. the case of Malomo & Ors v Olusola & Ors, (1955) 15 WACA 12; see also the case of Okoriko v Otobo (1962) WNLR, 48.
- 10.
See e.g. the case of Re Adadevoh, (1951) 13 WACA 304; see also the case of latter case of Meribe v Egbu (1976) 3 SC 23.
- 11.
Enderby Town Football Club v Football Association Ltd [1971] 1Ch 591 at 606, per Denning M.R.
- 12.
See the case of Lewis v Bankole, (1908) 1NLR 81 AT 100.
- 13.
See e.g. the case of Aoko v Fagbemi (1961) 1 All NLR 400.
- 14.
Cap. C41, Laws of the Federation of Nigeria 2004. The Criminal Code was enacted in Nigeria on 1st June, 1916, when Nigeria was still under colonial rule; the code was an adaptation of the Criminal Code made for the State of Queensland, Australia in 1899 which in turn emanated from a draft code intended for England in 1878.Okonkwo, Okonkwo and Naish (1990, pp. 4–5).
- 15.
‘King of Koso’ is one of the cognomens of Sango. Put differently, the saying can mean that the fear of Sango is a strong basis for caution, as no reasonable person who has seen Sango striking down a wrong doer would want to express such a situation.
- 16.
Iwuchukwu v.Anyanwu (1993) 8NWLR (pt 311) 311 at 323 [emphasis added].
- 17.
The Hisha also emerged among the Hausa/Fulani of the Northern part of Nigeria. “The Hisha, is an Islam-based law enforcement organization, officially charged by governments of each of the states where it is operating, with the responsibility of enforcing the state’s shari’a system”. Okafo (13–14).
- 18.
See the section headed, ‘African Criminology System: an Intermix of the Physical and Supernatural’.
- 19.
Ume v. Okoronkwo (1996) 12 SCNJ, 404.
- 20.
(1974) 3 ECSLR 251 at 254.
- 21.
(2004) 6 SCNJ 126 at 141–143.
- 22.
Oaths and Affirmation Law, Cap 108, Laws of Kwara State 1994, Sects. 7 and 8.
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Odunsi, B. (2014). Crime Detection and the Psychic Witness in America: An Allegory for Re-appraising Indigenous African Criminology. In: Onazi, O. (eds) African Legal Theory and Contemporary Problems. Ius Gentium: Comparative Perspectives on Law and Justice, vol 29. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-7537-4_13
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