Essay on The Indigenous African Criminal Justice System for the Modern World
By Olusina Akeredolu
The book: “The Indigenous African Criminal Justice System for the Modern World” showcases the uniqueness of traditional African criminal justice administration and customary dispute settlement mechanisms in civil, criminal, land, marital, succession, and inheritance matters. It covers the criminal justice system in the African empires and early kingdoms and continues up to the present time in the context of African religions and traditions, Islam and Sharia law, and Christianity. It critically examines how post-colonial African leaders and the military handled the issues of human rights in areas such as detention, granting of bail, prosecution, and sentencing. Other chapters include discussions on the travail of the Niger Delta minority people of Nigeria, the different approaches of African countries toward the death penalty, the role of the media, labor unions, and the status of women within African traditions.
The book has just been published in the United States by the Carolina Academic Press. It is a paper back and it has 318 pages. ISBN: 978-1-61163-746-5 • LCCN 2015048072.
Little elaborately discussed benefits of this Book:
The benefits of this 14 chaptered book are enormous. It is better described as 14-books-in-1. This is because each chapter speaks for itself distinctly from the others. You would find how Africans, from the beginning, have been governing themselves and settling their disputes no matter how grave the dispute or crime might be, taking into consideration the interest of the victim, the offender and the community. The role of the king or head chief and checks and balances, African method of criminal adjudication, the role of African deities while taking evidence and finding the truth from the wrongdoer, the victim and their witnesses. You will find the type of punishment, appeals where appeals are applicable and how records of proceedings are kept in the African setup. Criminal justice under the colonial masters in Africa is discussed.
African Religions vis-à-vis Islam and Christianity
African religions and deities are elaborately discussed. Islam and Christianity (Old & New Testament) are rigorously discussed as they relate to African traditions, religions and deities. The reasons why African religions and their deities succumbed to the pressure of the rampaging Islam and Christianity are also itemized and discussed.
Criminal justice and land tenure in Africa
You will know from the book how Africans become landowners, how they keep boundaries and boundary-men in check and how everyone knows his or her quantum of land. You would know the African boundary signs unlike the scientific pillars and how Africans settle disputes when disputes arise on ownership of land and possession.
Criminal justice and African types of Marriage and Bigamy
You will find the types of marriages in Africa especially African customary marriage. You will know how Islamic marriage and marriages under different laws are contracted. You will know the 5 different ways you can divorce under Islamic laws and methods of divorce in the other types of marriage. Bigamy versus African custom is there. You will see all the pertinent issues under the Sharia laws and the Suna rules as related to traditional African criminal justice system.
Res Judicata and the doctrine of non-finality of judgment
You will find Res Judicata of the common law of England compared with the Israeli’s doctrine of non-finality of judgment and the American judicial system. United States Supreme Court compared with the Nigerian Supreme Court, especially the number of justices appointed in both jurisdictions. The merits and demerits in both appointments and systems are profoundly discussed.
The death penalty versus Life imprisonment
The attitudes of African governments toward the death penalty and the status of African countries in relation to it will be found in the book.
Criminal justice and military dictatorship in Africa
The early military coup d’etat in Africa, coup leaders in Africa and the successful coups will be found in the book. Attitudes of the military, its decrees, edicts, totalitarianism in Africa are well documented – Ken Saro-Wiwa, the Ogoni 4, the Ogoni 9, the Odi genocide, the Aluu 4, etc. The political travails of MKO Abiola: the military betrayal, the mind of the African judges and why; betrayal by close confidants etc. The save our soul (SOS) court system for the poor.
Why Professor Ayittey’s Cheetah’s theory cannot work across Africa
In the wake of the Arab spring of the 2011, Prof George Ayittey of the American University, New York, United States, relied heavily on the success of the Arab spring wherefrom he propounded the Cheetah’s theory. He relied so much on the African youth to be able to take Africa back from the grip of sit-tighters and corrupt political leaders. Why his theory cannot do the wonders he envisaged is elaborately discussed in this book.
Status of women in Africa
In the book, you will find first hand, where in Africa, a widow must look for a man and pay him money to sex her to ward off the spirit of her late husband so that terrible things will not happen to her. You will also know where in Africa that mothers torture their own female children. Breasts of young girls are ironed using objects like grinding stones, mortar pestles, coconut shells, hammers heated over hot coal to prevent their breasts from early growth so as not to know men early to prevent them from early pregnancy or rape. Other forms of discrimination against women in Africa and the virgins’ tradition in Swaziland are elaborately discussed in the book.
Early labour movements and rights’ activism in contemporary Africa
You will find in the book, the fathers of labour like Papa Michael Athokhamien Ominu Imoudu, his arrests, detention and exiles; the great author, Wogu Ananaba, etc and labour’s roles against colonialists and military intruders. The Bulhoek massacre of workers of 1921, the miners’ massacre in 1946, the Sharpeville massacre of 1960, the Soweto massacre of 1976, the 2012 massacre of 35 miners at Marikana, all in South Africa are discussed.
Attempt at private criminal prosecution in Africa
Efforts of human right activists and leading lawyers at paving ways for an enduring private criminal prosecution in Africa are adequately discussed. Under travails of the Press, you will find persecutions of leading media practitioners like Minere Amakiri, Dele Giwa, Tunde Thompson, Nduka Irabor and so on.
Apartheid in South Africa
Nelson Mandela, the ANC formation in 1912, its leadership and the Rivonia trial. The Umkhonto weSizwe’s armed struggle in South Africa, the Rivonia eleven and the imprisonment. Steve Bantu Biko, his Black Consciousness Movement (BCM) and his untimely death are all discussed in the book. The Congo wars, the Angola war, the Mozambique war etc as they relate to criminal justice are in the book.
Issues and Reforms in the African Prisons
Most African prisons are over-congested. The factors leading to their congestion are elaborately touched and analysed. What could be done to substantially reduce prison population in Africa, especially in less or victimless cases is thoroughly discussed. Data of inmates and population of strategic prisons across Africa is also provided in this book.
International bodies, Donors and NGOs for African development and peace
You will find in the book, the efforts of the world bodies, foundations, regional and international non-profit organizations to assist the persecuted, prisoners of conscience, the sick, poor and the down trodden in Africa through grants. How to get grants from big donors and who the big donors are, will be found in the book.
This book is part of the African World Series, edited by Toyin Falola, Jacob and Frances Sanger Mossiker Chair in the Humanities, University of Texas at Austin. I wrote this book essentially for the students and teachers of law and political and social sciences in the higher institutions. It is also meant to attract judicial officers, legal practitioners, human right activists, social workers, law officers, political office holders, members of the African societies and the world generally.