Home / History and International Studies / THE PRE-COLONIAL JUDICIAL SYSTEM OF ESANLAND

THE PRE-COLONIAL JUDICIAL SYSTEM OF ESANLAND

 

Table Of Contents


Title page   —     –       –       –       –       –       –       –       –       –       – i  

Declaration —       –       –       –       –       –       –       –       –       –       -ii

Approval page — –       –       –       –       –       –       –       –       –       -iii

Dedication —       –       –       –       –       –       –       –       –       –       -iv

Acknowledgement —     –       –       –       –       –       –       –       –       -v  

Table of content —       –       –       –       –       –       –       –       –       -vi               Abstract — –       –       –       –       –       –       –       –       –       –       -vii

Thesis Abstract

Abstract
This research paper delves into the pre-colonial judicial system of Esanland, a region located in present-day Edo State, Nigeria. The study aims to provide a comprehensive analysis of the traditional legal system that governed Esan society before the advent of colonial rule. By examining historical accounts, oral traditions, and scholarly works, the research sheds light on the structure, functions, and principles of justice in Esanland. The pre-colonial judicial system of Esanland was characterized by a combination of customary laws, traditional institutions, and cultural practices that guided social order and resolved disputes within the community. Central to this system were the Oloton, village heads, elders, and various secret societies that played distinct roles in administering justice. The Oloton, who was the paramount traditional ruler, served as the chief custodian of Esan customary laws and presided over serious cases involving capital offenses and communal disputes. Moreover, village heads and elders acted as mediators and arbitrators, utilizing their wisdom and experience to settle minor conflicts at the local level. These traditional leaders were highly respected and wielded significant influence in maintaining peace and harmony among community members. Additionally, secret societies such as the Ekassa and Igene played essential roles in upholding justice through rituals, oaths, and traditional ceremonies that reinforced social norms and deterred criminal behavior. Furthermore, the pre-colonial judicial system in Esanland was guided by principles of fairness, equity, and collective responsibility. Dispute resolution processes prioritized reconciliation, restitution, and community cohesion rather than punitive measures. Restorative justice practices such as compensation, mediation, and public shaming were commonly employed to restore relationships and prevent further conflicts. In conclusion, the pre-colonial judicial system of Esanland was a complex and well-structured framework that regulated social interactions, maintained order, and preserved the cultural heritage of the Esan people. Despite undergoing transformations due to colonial intervention and modern legal systems, elements of traditional justice continue to influence contemporary dispute resolution mechanisms in Esan communities. This research contributes to a deeper understanding of the rich legal traditions and indigenous governance systems that shaped Esan society and highlights the resilience and adaptability of traditional justice in a changing world.

Thesis Overview

Irrua is in Esan Central Local Government Area of Edo State in Nigeria. Irrua and other towns around her are part of the Esan group. It is situated in the
western portion of Esanland. The town covers about 80 square kilometers. It shares a common boundary with Agbede to the north, Ewu to the North-west,
Ekpoma to the South-West and Uromi to the South-East.
The town is made up of twenty (20) villages namely; Eguare, Usugenu, Akho, Idumebo, Idumabi, Usenu, Onogbo, Agua, Edenu, Ugbokahre, Ibore,
Atuagbo, Ugbalo, Udomi, Ibhuolulu, Afuda, Ekomojoudu, Idumuogodo, Idumoza and Ujabhole. The traditions of origin of the people have put Irrua into two
groups: these are Otoruwa group and Uwesan. But administratively Irrua is divided into four (4) groups of Otoruwa, Uwesan, Ikekato, Ujabhole. The
Otoruwa group consists of Eguare, Usugbenu, Idumebo, Idumabi and Usenu. Uwesan consists of Onogbo, Agua, Edenu, Akho, Ugbokare and Ibore. Iketato
consists of Atuagbo, Ugbalo, Udomi and Ibhuolulu. Ujabhole consists of Aguda, Ekomojouda, Idumuogodo, Idumuoza and Ujabhole.
In pre-colonial times, the people were predominantly farmers due to their fertile soil. There was considerable thick forest in which timber and palm tree
were plentiful. The pre-colonial Irrua society depended on Agriculture as the major foundation upon which other economic activities were built. Both men
and women had different roles to play in the society. While the men constituted the farming, hunting bands and fighting force, the women were more
involved in trading and supplemented the men with the cultivation of crops like, cassava, pepper, tomatoes, okro and beans.
It was through the Onojie of Irrua that most of Enijie in Esan paid their annual tribute to the Oba of Benin. This position given to Irrua was confirmed and
awarded the title of Okaijesan on Ikhihibhojere, by Oba Akenzua 1 of Benin in 1723.

TRADITIONS OF ORIGIN, MIGRATIONS AND SETTLEMENT
The origin of the people of Irrua is characterized by the lack of documentary sources in explaining it early history which is also peculiar to the precolonial
history of most West African states and in an attempt to know how the people of Irrua came to be where they are would lead to various accounts of its origin.
According to the people from the Otorowa group, the great migration, which took place in Benin during the 15th and 16th century, mostly during the
reign of warrior Kings like Ewuare the great, Oba Ozolua and Esigie brought about the settlement of Irrua. According to this tradition, the migration from Binis was occasioned by the inhuman mourning laws decreed by Oba Ewuare the great in 1460. Majority
of these migrates escaping Ewuare’s tyranny moved in groups. The fleeing Bini groups were led by notable warriors like Oghu, who settled at Ivue, Uromi. They found their way to Esanland are months of wondering in the forest between Benin and Esan. The tradition further states that, the very first group mostly people from Ugboko in Benin City landed in Irrua under the leadership of one Amilele, a great warrior (Okankulo) of Benin. They settled in Irrua territory.


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