Historical Outlines of Justice: The Native Courts in Ibadan 1901-1930
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Date
2019
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Redemeer's University Law Journal
Abstract
The advent of the British into the interior of Yorubaland was for economic exploitation of its resources. The establishment of the Native Courts in Ibadan was mainly to consolidate colonial administration. the Native Courts played significant roles as an institution of governance. They were not only the props of British judicial system in Ibadan but were also the basis of the administrative and executive aspects of British rule. Besides serving as a judicial institution, the Native Courts functioned as a legislative inistituion, making rules ; ‘for the good order, peace and welfare’ of the people. As an arm of the colonial administration, the Native Courts in Ibadan brought about both economic and social changes. These changes had a great impact on the economic and social development of Ibadan and its environs. As a factor in the process of change, the Native Courts contributed immensely in undermining the prestige and authority of the traditional authorities. This study has revealed that the Native Courts was more of a foreign institution than an indigenous one. Although it was supposed to administer Native Law and Custom, it did so practically in the light of the English law, and what was acceptable to the colonial ruler’s sense of justice. It was in this context, veritable instrument of change.
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Keywords
Native courts, Customary law, Land disputes, Matrimonial cases, Criminal offences