JURISPRUDENCE, CRIMINAL JUSTICE SYSTEM AND PUBLIC ORDER IN AKWA IBOM STATE, NIGERIA
https://doi.org/10.60787/AASD-1-1-3
Keywords:
traditional African societies, public order, criminal justice system, JurisprudenceAbstract
This paper examined jurisprudence, criminal justice system and public order in the traditional African societies. It was a qualitative study that was guided by four objectives. Data were collected from secondary sources and were used in the review of literature and other discussions. Findings of the study indicated that jurisprudence system was anchored by a arrangement which relied on the convenience of maleness and manhood in the appointment of functionalists. In the context of traditional society, the principle of primogeniture provided much needed benefits associated with accountability, responsibility and maturity in handling the affairs of the vulnerable members. Unfortunately, this principle was compromised by the essence of maleness which brightened its efficacy. Virtually, all leadership positions including family headship and traditional leadership were occupied by senior men. Womanhood was a sufficient disqualifying factor regardless of individual qualities and merit. This reality gave indigenous African law the undeniable label of a patriarchal system. It is recommended among others that African jurisprudence be preserved and allowed to function side by side with the English common law because of its significance. Also, agents of modern laws should be well trained on the importance of African jurisprudence in the handling of cases involving traditional institutions and overseeing the maintenance of order at the grassroot.
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