Article Citation: Usman M. Mohammed & Markson Idongesit (2019). The Role of Indigenous Institutions in Conflict Management: A Study of Pre-Colonial Ibibio Society, 1850-1900. DEGEL: The Journal of the Faculty of Arts and Islamic Studies, Vol. 17, No. 1. ISSN 0794-9316
THE ROLE INDIGENEOUS INSTITUTIONS IN CONFLICT MANAGEMENT: A STUDY OF
PRE-COLONIAL IBIBIO SOCIETY, 1850-1900
By
Usman M. Mohammed & Markson Idongesit
Department of History and War Studies
Nigerian Defence Academy, Kaduna
Abstract
This paper interrogates the role of
indigenous institutions in managing issues relating to conflict and its
enforcement mechanism in pre-colonial Ibibio society regarding the period 1850
which was when the name Ibibio was first used by the Aros to 1900 which was
when colonial rule began gaining influence in most areas of Nigeria including
Ibibio land. It gives an overview of issues that lead to conflict that if not
well managed could easily escalate to war. The paper discusses the various
institutions in the Ibibio society placed with the role of handling issues
relating to the conflict which have hitherto not been given specific attention
in extant works. In its assessment of these dispute-resolving institutions and
peace maintenance mechanisms in pre-colonial Ibibio society, the paper utilizes
both primary and secondary data and adopts a qualitative methodology using the
narrative and descriptive methods of history. The paper concludes that these
institutions that existed during the pre-colonial period in Ibibio society to
settle conflicts functioned effectively to engender peace and enhance stability
in the society.
Introduction
Achievement of sustainable peace is
one of the greatest concerns of all societies. In pre-colonial Africa, this was
achieved through the use of indigenous institutions. Conflict resolution in
Africa had a spectacular feature. The notable feature of this conflict
resolution stood Africans in the vintage position of demonstrating their
culture. This was why in pre-colonial African societies, peace and harmony
somehow reigned supreme and often produced a unique atmosphere for peace to
thrive and development became dynamic. Indigenous mechanisms of conflict
resolution are time tested and effective to handle conflicts that arise. When
compared with the non-indigenous ones, indigenous mechanisms for the prevention
and resolution of conflict are less complex, save time and give a chance to
parties in conflict.
About conflict management, it has
indicated that conflict can be managed through strategies and institutions.1
The conflict management process through strategies and institutions encompasses
reconciliation, adjudication and mediation: these strategies demand the
conflicting parties’ commitment to accept the decision of a third party. The
ultimate objectives of these strategies are to handle and minimize conflict
among parties who have different demands. Almost all societies regardless of
their location in time and space have laws for handling a dispute and achieving
resolution of differences. However, every society has its unique mechanisms of
handling disputes/conflicts.
The Ibibio people of South-South
Nigeria are located in the Akwa Ibom state of Nigeria. They appear to have been
one of the earliest inhabitants of the former South Eastern Nigeria. The
largest socio-political unit in the pre-colonial Ibibio society is said to have
been the Idung (village). The Ibibio political structure was
based on social organization and consisted of six administrative divisions
augmented by clubs, they include: Idip Ete (siblings from the
same father), Ufok (literally means a house but a collection of
families), Ekpuk (Extended family), Idung (village),
Oduk (village group), Ikpaisong (clan).2 From the
political organization are drawn social institutions and they are numerous with
their own laid down rules and regulations guiding their members and the
society. These social institutions existed for the men, women and youths.
Though not all members of the community joined these social institutions, their
activities strongly affected the people as a whole.3
Certain actions and behaviours
considered as crimes often led to wars that were prevalent in the pre-colonial
period in Ibibio society; they included kidnapping, molestation, adultery, land
and boundary disputes which the indigenous institutions handled amicably to
prevent reoccurrence. For instance, molestation led to war between Itam and
Uran clans in 1892 which was settled by joining the two clans in a peace pact(Imaan)
which is still observed till today.4 Just like the Igbo society, who had
the igbandu which means blood pact and alliance system through
which the Igbo people maintained their economic and military relationships with
themselves and the non-Igbo groups.5 The institution of Imaan in
Akwa Ibom is similar with all others in the area and other various indigenous
institutions of the Ibibio society were able to maintain some level of
orderliness, thereby reducing the number of crimes committed in the area. These
institutions worked according to the laws and customs guiding the Ibibio
society.
Therefore the paper discusses the
role of the indigenous institutions in managing issues that relate to conflict
in the Ibibio society during the pre-colonial time. The paper concludes that
these institutions had rules guiding them and members of these institutions
were not exempted or given preferential treatment if laws were broken, which
brought about some level of fair judgement in handling issues that could
escalate to war or certain crimes against the society.
Conceptualization of Conflict
Resolution Mechanisms in the Pre-Colonial Ibibio Society
In giving an appraisal of the
traditional method of conflict resolution mechanisms, it should be noted that
they are characterized by certain features. They are rooted in the African
cultural milieu or context that values social harmony and unity, interdependence
and communal life.6 Secondly, traditional processes are relatively informal,
familiar and less threatening. Third, they focus on the principles of empathy
sharing and cooperation in dealing with common problems which underline the
essence of humanity, simplicity, participatory, adaptable flexibility, complete
relevance and comprehensiveness.7 Fourth, conflict resolution is not a two
dimensional “negotiation” between the combatants, but a three dimensional
“reconciliation” between the combatants and all others suffering the negative
indirect effects of the conflict. That is, traditional methods of conflict
resolution management are holistic and consensus-based and often tend to focus
on whole communities as parties to a dispute, as opposed to individuals.8
In terms of purpose, the immediate
objective of such conflict resolution is to mend broken or damaged
relationships, rectify wrongs, restore justice and ensure the full integration
of parties into their societies and to adopt the mood of co-operation.9 The
purpose is not merely about the adjudication of who is right or wrong and the
punishment of culprits, but the reconciliation of the parties in which both
parties are satisfied and willing to let go their pain and forgive each other.
Hence, it is called a mechanism of “restitutive reconciliation” aiming at the
restoration of justice, restoration of order, harmony and maintenance of
relationships within the community by integrating feuding parties for true
reconciliation through apology and compensation.10
The importance and utility of the
process lie in the fact that they strive to restore balance and peace, settle
conflicts or eliminate disputes and maintain social harmony. They facilitate
ownership, strengthen group unity and have greater resonance in societies than
Western conflict management approaches.11 Compared to the modern methods of
litigation and settlements in law courts, conflict resolution in traditional
Ibibio society promotes consensus-building, social bridge reconstruction and
enactment of order in the society, peaceful co-existence and harmonious
relationship, durable or positive peace rather than the mere absence of
violence and effective conflict settlement.12
Within the family, extended family,
the trial is a matter of conciliation and a purification ceremony. Even in
intra village and inter-village conflict, the main focus of attention is
reconciling the conflicting parties.13 In other words, the elders or third
party seek to eliminate the disharmony. Having discussed in the previous
chapter the conflict resolution methods and the institution responsible for
handling issues in the society it is worthy of note to therefore look at the
methods that the present society should adopt in other to encourage a peaceful
coexistence within the society.
Everyone believed that departure of
socially approved norms are likely to incur the displeasure and vengeance of
ancestors.14 When emergency laws are promulgated by the elders’ council, such
laws are invariably given divine sanctions by a sacrifice to the supreme
deity Abasi Ibom. Laws and customs were believed to
have been handed down to them from the spirit world from time immemorial, from
ancestors to ancestors. This belief facilitates social control among the
people.15 The point to note here is that every individual of the community was
ready to abide by the stipulated norms and culture that guided the activities
of the people which helped foster peace in the pre-colonial society.
As regards the political
organisation of the society, the status of elders and the pattern of selection
which changed as a result of colonialism, made it easier and less problematic
during the resolution of conflict because the elders then were less corrupt.16
In the sense that being an elder was merited unlike during the post-colonial
period were traditional rulers buy their way into being called rulers without
having the mindset of knowing what type of duty the position they are
struggling for entails. Rather, they go for fame neglecting the traditional
cultural believe of oneness and never strive to achieve that and prefer that
members of their community go to modern courts which they feel are there to
handle their cases.17
The institutions which acted as the
enforcement agencies pre-colonial times were out to achieve peaceful
coexistence because they were less corrupt. Whether fines were levied to the
culprit of the crime it was not on a win-lose basis. They ensured that the
other party never felt cheated and judgements were given based on proverbs to
ensure that there was a peaceful coexistence after the declaration of
judgement.18 Interestingly, justice in Nigerian society was a western-inspired
notion, for justice is not traditional but peace is. Before the arrival of the
British colonialist, the people of Africa did not have the notion of justice in
their culture, because for them to resolve the conflict was to restore the
relationship and reestablish peace between parties. However, when the
colonialists arrived, with them came the notion of right and wrong as a way of
addressing conflict and attached it with the idea of justice.
In the traditional method, there was
a much fuller airing of issues and the range of relevant matters was very
broad. In order for the solution to a dispute reached in a traditional setting
to be lasting, nothing must be held in or left unsaid that will embitter either
party and undermine the decision.19 Whereas in the modern courtroom, grievances
can be only partially aired, thus, it could be inferred that traditional
conflict resolution among the Ibibio is more satisfying and holistic than
formal court decisions.
Furthermore, the resolution in the
traditional method is not imposed by a judge but is a result of consensus. Even
sympathizers of the loser are part of the decision. The way the guilty verdict
is handed down mitigates the pain and anger that normally follow a formal court
decision.20 Backed by the threat of the supernatural power of ancestors and
other threats, culprits almost always accept the verdict with equanimity.
Because the main aim of the traditional society was to make peace and
reestablish harmony between the conflicting parties, the fines or penalties are
always minimal.21
Indigenous Institutions in
Pre-colonial Ibibio Society and its role in conflict resolution in Ibibio land
The Ibibio society had various
institutions that helped in the management of conflict and law enforcement.
These institutions had their various functions and sometimes two institutions
worked together to achieve peace were one institution cannot handle the case
brought to them alone. These institutions include some political divisions,
secret societies, women organization, age grades, grandchildren, in-laws and
many others. There were various methods attached to solidify the peace
settlement. For example, the Imaan pact, use of mbiam and
various methods to ensure that both parties never came up with a similar case
of such dispute for settlement.
The Family Unit (Idip Ite)
Various conflicts in the Ibibio
society are not just taken directly to the village council to settle and this
is where the political division plays its role. The Ibibio political divisions
are augmented according to clubs and work based on hierarchy. In handling
conflict, the family (Idip Ete) which is the smallest unit in the
political division also partook in conflict resolution.22 At this level, the
father played an active role in settling disputes and in all cases tried, that
apportioned blame were to be fined or given punishment as to what suits the
crime they committed. In extreme case, any member of the family who is always
known for trouble would be sold into slavery, which acted as a deterrent to
other members of the family.
The village (Idung) which is
a collection of lineages (Ekpuk) had a ruler who is known as
the Obong Idung. He presided over the Esop Idung (village) assisted
by several other important functionaries. Among these were;
- Obong Ukot: he deals with disputes
over ownership of raffia palms, fixed the price of palm wine, prevented
adulteration of palm wine and tried and punished in-council those who
failed to tap and send their palm wine to the Ekpuk head’s
compound on the traditional days for such gifts of palm wine to the
community.
- Obong Udia: supervised the agricultural
activities of the group. It was the responsibility of the Obong
Udia to see that the sacrifices were offered to the gods of the
farm (Ndem) before farming operation started in the village. He
settled disputes over farm plots, farm fights and cases of yam theft, and
informed the village council of the approach of the New Yam Festival. Obong
Idung: exercised judicial functions to a considerable extent
should any dispute arise concerning debt, bride price, defamation of
character. The principle cases heard by the Obong Idung were murder,
adultery, habitual theft, serious breaches of other villages laws, customs
and traditions. In cases of murder, the family of the murdered person
generally took the law into their hands and would seize and kill the
murderer. It was the duty of the Obong Idung to
pacify the two families. The settlement would normally be effected by
giving over a healthy young woman from the offender’s family to replace
the deceased.23 The intention here was to have the woman produce men and
women whom the murdered person could have produced if he/she was not
killed. But if this effort was unsuccessful, serious inter-lineage fights
could result in which sometimes many more people would be killed.
Therefore in the Imaan clan, when a murderer was found
guilty, he was sent to the village of the nearest clan head who would hear
the case again and order that he should either be killed or sold into
slavery.24
Secret Societies
Ibibio secret societies such as
the Ekpo Nyoho, Ekpo Ndok or Ekpri Akata, Ekpe, Ekoong, Obon and Atat performed
multifarious functions ranging from the religious, moral, social and
humanitarian to the economic, political and judicial. Like other secret
societies, members were forced to take an oath of secrecy. Accordingly, each
new initiate was forced to swear on the Itok Ekpo (ancient
juju mbiam) in the case of Ekpo and on Itiat
Ekpe in the case of Ekpe.25 Itok Ekpe was
ancient long-necked earthen pot into which ancient concoctions (mbiam),
as well as contemporary ones, were poured.26 The initiates were asked to swear
in such a way that if he swore falsely the penalty inflicted by the juju, Itok
Ekpo could extend to all members of his lineage (Ekpuk). Before
the advent of Christianity, everybody in Ibibio land believed in the potency of
mbaim in the case, the Itok Ekpo. Because of its
superstitious belief, no member dared divulge secrets to women and children.
Secondly, fear was the controlling force in keeping these societies secret.
Ekpo Nyoho
The Ekpo society
originated as a result of the common belief of the people about life after
death and personalized the ancestors who were deemed to come back to earth
during the Ekpo season, to regulate the affairs of men by the
code of conduct earlier laid down by the ancestors.27 Its membership was open
to all adult (free or slave) who could keep secrets. The institution was also
adopted as a social mechanism for the administration of justice. Ekpo Nyoho society
checked crimes of stealing, adultery, prostitution and murder.28 In times of
war, it was the duty of the members of the Ekpo to fight for
the village or clan under the command of the village head who was mandatorily
an initiate of Ekpo.29 The annual activities of the Ekpo usually
began in the first week of August of each year with the activities lasting
between two and three weeks.30 The Ekpo laws were no respecter
of persons and bribes could not be offered to divert the course of justice as
in modern times. This was because it was believed that the Ekpo could
vanish from people’s sight at any time after giving its judgement. It was also
believed that the Ekpo like God, knew the truth and so their
actions were always justified if judgements were given.
Ekpo Ndok or Ekpri Akata
The Ekpo Ndok was
in the modern sense of the village secret agent. It was what the Efik and a few
villages along with the coast example Adadia, Issiet Ekim, Uran called Ekpiri Akata.31
It was regarded as a ghost that came to Ibibio land in the night during a big
year (every other year).32 Whatever crimes people had committed in secret
during the year, the Ekpo Ndok would reveal to
everyone in the village. For example, on such nights Ekpo Ndok told
the names of all thieves in the village, what things they had stolen and from
whom and the names of women who committed adultery.33 Since the Ekpo Ndok was
regarded as being perfectly true, no one could take action against it and soon
after giving out its information, it vanished and no one could touch or handle
the ghosts. However, the accused person, if he was to prove himself innocent of
the charges made against him, would take an oath before all the people in the
village square otherwise he was considered guilty. This served as a deterrent
to those who thought they could get away with the crimes they had committed in
secret.
Ekpo Ndem Isong
This was a ghost messenger of the
deity of the land. Ibibio law forbade murder, secret poisoning of other people
and habitual theft among others. Like the Ekpo Nyoho,
the Ekpo Ndem Isong was said to
disappear after completing its assignment. It operated on special occasions.
Its membership included only the landed hierarchy and men who could keep top
secrets because this society was the highest tribunal of the Ikpaisong (clan).34
Whenever the Ekpo Ndem Isong drum
was sounded, it was obvious that something grave was happening in the village,
or that a proved witch, secret poisoner, or habitual thief was missing from the
land.35 Another responsibility of the Ekpo Ndem Isong was
the treatment of accidental death.36 Sudden death was considered abominable,
caused by the victim’s great sins or that of his family (at which the gods were
angry), or because someone else wanted to humiliate the person, his lineage or
his village.37 This was because in pre-colonial Ibibio land sudden death was a
rare phenomenon because there were not many causative agents such as modern
vehicles, aeroplanes. When there was an accidental death, not only was the
corpse treated specially by the Ekpo Ndem Isong,
but the whole family and sometimes the whole village showed great concern and
consulted the Abia Idong (diviner) to find the
cause. Since the Ibibio feared such death, no mortal would touch the corpse and
this became the responsibility of the Ekpo Ndem Isong to
send messengers who performed rituals and sacrifices to avoid a reoccurrence of
such in the village.38
Ekoong
This was a war society or cult. It
was the highest cult into which Ibibio people could be initiated and one’s
prestige did not reach its highest until one was a member of ekoong cult.39
For the initiation of new members, a slave has to be bought by the whole
village if there were many intending members. Early in the morning of the
ceremony which was customarily fixed on the Ibibio market day, the slave would
be brought to the occasion and his head cut off and sacrificed to the ekoong diety.
The society was a society of daring warriors and men who could withstand
hardship and suffering of others.40 Membership of ekoong society
conferred certain privileges and deference to the members.41 A very rich man
can take membership for himself and his male child or children. As warriors,
members of ekoong like the present-day high-ranking military
officers occupied a unique position among the Ibibio both in their lifetime and
after their death. They were accorded special burial, featuring sorts of
displays by secret societies and the ekoong society.
Obon
The Obon society
normally featured towards the end of the year, particularly during the new yam
festivals. It featured sometimes between March-April, to mark the end of the
season for other secret societies. The Obon society was a
branch of the Ekpe but had no masquerade. Unlike the Ekpe society, Obon dealt
with cases of murder and witchcraft.42 Its role also includes elimination or
execution of serious criminals such as condemned murderers, witches and
wizards, and those who committed treasonable felonies in the society. Few Akwa
Ibom societies had obon society and it was more relevant in
the riverine parts of Akwa Ibom state.
Atat
Atat means hornet. Like the Ekpo Nyoho, Atat was
a masquerade play. It had no mask on the face but was covered from head to foot
in dry plantain leaves. It sang or spoke through a muffled pipe which was put
in the mouth. Atat operated with bows and arrows with which it
shot non-initiates or even maliciously fellow initiates. It was a society of
expertise in archery, acts of prowess and provided a training ground for
inter-village wars.43
Ukot (In-law)
The institution of ukot is
a product of marriage. In other words, successful marriages create an
institution. Among the Ibibio people, the Ukot are revered by
the people. The Ukot were held sacred and as taboos not only
by their immediate blood relatives but also by the entire communities with
which they have a relationship. When an Ibibio marries into a lineage, there
exist political, economic and social links between the two lineages. These
links automatically become sacred bonds between them to the extent that by
Ibibio tradition, custom and usages, they must not kill or harm each other. If
fines were imposed on the Ukot, the people were by custom not to
share such fines. A breach of the customary law involving ukot usually
resulted in death or sickness of some kind. Hence, the popular adage, “adue
ukot akpa itong” literally meaning “a person that commits an offence
against his in-law must die”.44
The unique role that the ukot played
and is still playing in the Ediene judicial system could be
seen in the fact that when there were disputes between lineages or villages,
the ukot handled such inter lineage or inter-village disputes
and settled them amicable to the satisfaction of the parties.45 The decisions
handed down by the Ukot on any dispute were not only final but
immutable.
Eyeyin (Grandchildren)
This institution was very important
because they form the links between the man’s family/village and the woman’s
family/village. These links automatically become sacred bonds between them, to
the extent that by Ibibio tradition just like the Ukot, the Eyeyin must
not kill or harm each other and they are not only being revered by the people
but are also held sacred by the people. Also like the Ukot, a
breach of the customary law involving Eyeyin usually resulted
in death or sickness of any kind.
The institution of Eyeyin has
been used to settle disputes of any kind in Ibibio land since the pre-colonial
period, as the grand-children are usually held as impartial arbitrators.
Whatsoever decision they took in their arbitration over any matter was taken as
final by disputing parties. The traditional method of using grand-children as
arbitrators were employed to settle both intra-communal and inter-ethnic land
disputes.46 For instance, any land dispute between Ibibio and their
neighbouring villages usually led to inter-village fights. According to oral
history, when communities were tired of the war, they would employ the
institution of grandchildren because:
…Inter-marriages takes place, the
Ibibio marrying their women in igbo… thus arise to what is known as Eyeyin (grand-children)
whose mother(s) comes out of a village distinct from that of its father(s)
these children possess the “freedom” of both villages. When both parties had
got sufficiently tired of the war, men possessing Eyeyin (grand-children)
would act as mediums and if both sides agreed to an armistice, Eyei (young
palm frond) would be erected on the (disputed) boundaries. Arbitrating was the
method employed to settle the disputes.47
In the case of land disputes were
the disputants are not willing to reach a compromise, the Eyeyin has
the right to claim ownership of such land thereby putting an end to the
dispute. The Eyeyin also has the right to claim ownership of
land in which mbiam (juju) was buried by an aggrieved party
and the mbiam would not kill the Eyeyin for
taking the disputed property.
Imaan (pact or alliance)
Imaan can be classified into two.
The first type of Imaan is the one formed between two or more
groups of people for a common purpose. The people who entered into the pact
might be of the same or different ethnic groups or cultural backgrounds.
Another type of Imaan is kinship relationships recognized by
two or more groups of people who had in the past lived together but later
parted ways through migrations and are now living in separate locations. In
this second group, the people are cultural of the same stock as they can trace
their descent to common actual or putative ancestors. Membership into the
institution is voluntary.
In the pre-colonial times, the
people entered pacts or formed alliances for several reasons. The reasons might
be to end wars, settle land or boundary disputes, establish a friendship, and
provide mutual assistance or prevent aggression, thereby originating some laws
to guide the people.48 To cement the union after entering into a pact, the
people would choose a common animal such as atan (palm civet),
lizard, python, monkey as their totem. For instance, the people of Itak and Ikpe have
a lizard as their totem which they had forbidden to eat.
The Imaan practices
were a very useful means of ending many wars in pre-colonial Ibibio society and
the major causes of inter-communal clashes or inter-ethnic wars were murder,
kidnapping, molestation, adultery and slave trade.49 This institution adopted a
method of settling disputes by the formation of pacts between the two warring
parties.
An example is seen in the case
of Itam and Uran in 1892 was war was fought
as a result of much kidnapping and killings of people on their way to the
market or to visit friends in distant clans. It happened that the Itam and Uran women
who were going to the Ikpa market were molested by the Efik
at Ikpa. The Uran chiefs ordered that the market
at Ikpa be closed unless the Efik settlers at Ikpa made
restitution. The Efik who were settlers on Uran land sued for
peace and gave a cow to be sacrificed to the Uran clan
deity, Ata Okpo.50 A small portion was sent to
the Itam people who took offence that such a meagre share
should be sent to them and demanded half the cow. When this ultimatum was
disregarded, the Itam people closed their market to Uran women.
Disregarding the Itam order of closure of their market, the
Uran people went to the market, killed and captured many. War broke out and
the Uran called on the whole clan to unite. Every village
in Uran sent soldiers to fight the Itam. The war
which lasted for four months resulted in many casualties on both sides.
Finally, the neighbouring Oku clan stepped in and made peace
between them. This conflict between the two clans was settled using a peace
pact which is being observed until today.51
Women Organisations
Just like a various institution in
the Ibibio society, the women were not left out in handling issues that could
result to the conflict in the society or help in curbing crimes to bring about
a level of peace in Ibibio society. Some of the Ibibio women organisation
included the Ebre and Iban Isong.
Ebre
The Ebre was
a social institution made up of married women, which was aimed at eradicating
social ills that could bring shame and a misdemeanour to womanhood.52 The club
had social and judicial functions. Its social functions including, among
others, the staging of plays whenever a new member joined the club and when a
member died. The judicial function of the club was very clear. Their law was
that no member however poor must commit theft. If a member committed theft, she
was caught and stripped and her body smeared with charcoal, after which she is
paraded through the streets with the stolen items tied together and hung around
her neck.53 She was initially expelled from the club and from that day till the
end of her life and even beyond; she was ridiculed in songs and looked down
upon by every member of the clan who knew her.
Their role in the society includes
the control of the moral standard of the unmarried girls, supervising the
“fattening home” and other ceremonies concerning them. Also, society was
significantly noted for its high moral attainment and weighed the ethical
conducts of women in society.54 Thus discipline and high moral conduct were
expected from members who were supposed to correct the community. They also
served as arbitration panel between quarrelling women in the society.
Iban Isong
The name is a shortened form
of the Iban Isong Esit, meaning
“hard-hearted, strong-willed women”. This was because the Iban Isong Esit were
stern in their judicial proceedings and they left no stone unturned until they
had brought an offender to complete humiliation and sometimes to death. This
institution acted on cases of abuse on the female gender. Example, any man who
abused a woman by talking about her sexual autonomy was deemed to have
committed a grave crime against the Iban Isong.55 The
aggrieved woman usually took the case privately to the Iban Isong who
fixed a day on which they would try the culprit.
Nka (Age grades)
In the pre-colonial period, every
member of a village community knew members of his age grade in various fields
of activity. The Ibibio people were very conscious of their social status,
arising from their ages, hence in some villages, there were in most cases up to
4-5 age grades. Also for identification, such age-grade had a name. Also, each
age grade had a code of conduct and its symbol in the form of a modern flag.
The names of the age-grades varied from place to place and reflected its
functions, aspiration, age, behaviour patterns and moral code.
All age-grades had their codes of
conduct. Offences such as theft, adultery, flippancy and divulging of official
secrets constituted breaches of their codes.56 Age grades also settled disputes
among their members, thereby reducing the number of cases that could have gone
to the village council. Offenders were fined and in extreme cases, ostracized.
Appeals could be made from a junior grade to a higher one. Age grades also
performed executive and administrative functions.57 The youthful age grades
were generally in charge of enforcing the decisions of the village authorities.
If one failed or stayed away from community work or failed to pay fines imposed
on him, age grades, similar to law enforcement agencies would forcefully break
into the compound of the culprit, seized items or property and sold such
property for the payment of the fine imposed on the culprit.
Significance of the Institutions in
Conflict Management
Generally, pre-colonial indigenous
laws were enforced by secret societies as well as the natural rulers and elders
of the communities concerned. These secret societies were similar to modern
police and the court system. They had officials who performed the functions
similar to those of the modern police and court. These secret societies were
regarded as a secret because their membership was exclusive to a certain class
of people and because of their secret ways of communicating with members.58
Apart from the laws that were
derived from the indigenous institutions, the people of the pre-colonial Akwa
Ibom also believed that certain laws were natural laws given to them by the
Supreme God. They believed that there were gods that oversaw the institutions
of Imaan, Ukot, Eyeyin and their
affairs.59 They called and recognized these gods as abasi imaan (god
of allies and pact) abasi ukot (god of in-laws) abasi
eyeyin (god of grand-children). It was believed that any person who
broke these laws would be punished directly by God.
Any pact person who breached the
terms or refused to discharge the pact obligations was usually visited with
supernatural punishments. The gods of these institutions though invisible were
thus part of the law enforcement agencies. Punishments that might be imposed on
the offenders included death, sickness of any kind, infertility or any other
kind of punishment. Lawbreakers might also be isolated or banished by his
people.60
As observed by Nanda, the rewards of
the traditional council of kpelle “are positive, in contrast
to the negative sanctions of the courtroom”.61 This is true to the Ibibio
society as well, as the deviant is pulled back into a relationship with the
wider community. If the traditional council is successful, reconciliation is
achieved with “no residue of bitterness or resentment”. In the case of married
couples, the traditional resolution results in reconciliation, not divorce. In
the case of other relationships that must continue outside the case, it is
hoped that the traditional council will finish off people’s quarrel and destroy
hard feelings thus restoring harmony.62
There was a post-conflict assurance
of safety in the sense that whenever cases are decided, there was a form of
swearing of an oath to protect the two parties from harming or bewitching each
other. Belief in the efficacy of mbiam enhanced social control
where official courts have failed, the traditional method has been quite
successful.63 A case study was seen in the Asutan village were
two women had a quarrel and in a premeditated manner, one of them attacked the
other with a pestle and left her unconscious. Since only the two women were
present, there was no witness to corroborate the evidence of either. The Akampa police
were they lived tried in vain to get the truth from the two women. When the
news of this matter reached Asutan, the village council sent
representatives to ask the police to allow them to take the women home to try
to establish the facts of the case. The police agreed, on condition that the
elders, report back to them in two weeks.64 The mystery surrounding the case
unravelled at the village council when the two women whom both claimed were
telling the truth were asked to subject themselves to the oath of bias.
During the usual interview before administering the mbaim oath,
one of the women broke down in tears and admitted that she was lying. She
admitted attacking the other woman with a pestle having left her unconscious,
smearing her room with a mixture of that smelled like excrement and then rushed
to the police station to report that the lady had provoked her to fight.65 The
guilty lady was fined a goat and drinks and was made to bear the cost of the
treatment of the injured woman. She was also made to swear on mbiam that
she would not seek to injure the other woman through witchcraft, sorcery or
other means. The injured woman also took the same oath.66
Finally, a decision in a magistrate
court does not end a conflict because even though it may determine the winner,
it does not restore harmony within the group. During the colonial period and
post-colonial period whoever has the money to hire a good lawyer, bribe the
police and fabricate the best lies wins in magistrate court unlike the
pre-colonial period whereby the institution search for truth and make what they
call “real peace” (ata amem).67 Thus after the council’s verdict, they
make peace by making both parties swear an oath. Usually, a glass of water or
palm wine is shared between them symbolically, the Ibibio believe that they
have shared their blood or saliva and this is a covenant that they will never
harm each other or any of their relatives.68
Conclusion
The Ibibio traditional society like
other African societies functioned effectively because of the relevant system
of government institutions that were involved in administering its day to day
affairs. As discussed in the paper, the people had some well-established social
institutions that were used to enhance governance. These institutions enforced
laws and order which engendered peace and enhance the stability of the society.
Since every society was prone to conflict and sort for ways to manage these conflict
from escalating to war these institutions were seen to have played the role of
helping to curtail some issues in the pre-colonial Ibibio society. Also, the
paper has been able to debunk the European view that pre-colonial African
communities were unorganized, having no government and no law to guide and
regulate the people. This paper has been able to show that the Ibibio society
had a well- organized system of government and laws that guided the activities
of the people, established friendship, furthering inter-group economic
relations and for conflict resolution among the people.
Notes:
1Roberehek Clayton, “Motivation and
Material Cause an Explanation on Conflict and War” in Jonathan Has (ed.), The Anthropology of War, New York:
Cambridge University Press, 1990, p.20.
2 E. A. Udo, Who are the Ibibios? Nigeria: Africana-fep Publishers limited,
1983, p. 117.
3Ibid., P.136.
4J. R. Bassey, “Indigenous
Institutions in Ibibioland and their contributions to the development of legal
system in Nigeria, 1930-2010”, Ibom
Journal of History and International Studies, Vol. 13, No. 1, June 2011,
pp. 81.
5Ibid.
6Uwem Jonah Akpan, 50+,
interviewed at Uyo, Lecturer, August 8, 2018.
7Brock- Utne B, “Indigenous Conflict
Resolution in Africa” A draft Presented
to Week-end Seminar on Indigenous Solutions to Conflict held at the University
of Oslo, Institute of Educational Research, 2001, pp. 23-24.
8Nwolise O. B., Traditional Models of Bargaining and Conflict Resolution in Africa:
Perspective of Peace and Conflict in Africa, Ibadan: John Archers Ltd,
2005, p. 30.
9Boege V., “Traditional Approaches to
Conflict transformation: Potentials and Limits”, Breghot Research Centre for Constructive Conflict Management, 2006,
p. 40.
10Ibid.
11Ibid.
12Bukari K. N., “Exploring Indigenous
Approaches to Conflict Resolution: The Case of the Bawku Conflict in Ghana”, Journal of Sociological Research, Vol.
4, 2013. pp. 86-104.
13Ibid.
14Uduak Ekong, 80+,
Interviewed at Uran, Village head, February 20, 2019.
15Edet S. Oton, 60+,
interviewed at Uyo, Research officer Akwa Ibom Council, on August 15, 2018.
16Ibid.
17Ibid.
18Vasti Rosado, “Traditional Conflict
Resolution Skills: Nigeria Case Study” B.A
Research Department of Peace, Justice and Conflict Studies, Goshen College,
2014, p. 12.
19Ibid.
20Ibid.
21Uwem Jonah Akpan, 50+,
interviewed at Uyo, Lecturer, on August 8, 2018.
22 E. A. Udo, Who are the Ibibios..., p.117.
23Charles Ekpo, 50 years, interviewed
at Ikot Nte, on May 20, 2018.
24Ibid.
25James Udo Eka, 70 years, interviewed
at Abuja, on April 17, 2018.
26Ibid.
27E. A. Udo, Who are the Ibibios..., p.139.
28Uwem Jonah Akpan, “Law and Public
Governance in the Ibibio Traditional Society”, Research Journal of Humanities and Cultural Studies, Vol. 3, No. 2,
2017, p. 8.
29E. A. Udo, Who are Ibibios..., p. 140.
30Uwem Jonah Akpan, “Law and Public
Governance in the Ibibio Traditional Society”…, p. 5.
31Ibid.
32Ina K, “Ibibio Pre-colonial
Political and Social System”, Journal of
Research in Information and Education, vol. 3. No. 2, 2004, p. 40.
33Ibid.
34James Udo Eka, 70 years, interviewed
at Abuja, on April 17, 2018.
35Ibid.
36 E. A. Udo, Who are Ibibios..., p. 141.
37Ibid.
38Ibid., p.142.
39Ibid.
40Ekong E. Ekong, Sociology of the Ibibio: A Study of Social Organisation and Change.
Uyo: Modern Business press, 2001, p.155.
41Ibid.
42Edet Ukpong, An Inquiry into Culture: Ibibio Names. Uyo: Dorand Publishers,
2007, p. 130.
43Uwem Jonah Akpan, “Law and Public
Governance in the Ibibio Traditional Society”…, p. 8.
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