This presentation focuses on the legal system of Benin Kingdom (in the pre-colonial era), which was one of the pre-eminent kingdoms or empires in pre-colonial Africa and located in present day Nigeria. The Kingdom of Benin was one of the most important forest areas of West Africa in the pre-colonial period and it is one of the most mentioned in contemporary European literature. Also, the kingdom of Benin is said to have met the met the characteristics of a state.
Furthermore, contrary to the ethnocentric view that pre-colonial Africa had no form of governance, “African societies have always had a form of governance peculiar to them, and which operated in accordance with their traditions and belief systems.”[1] This paper posits that the Benin Kingdom had an effective legal system in the pre-colonial era. This paper is one of the first to focus on the legal system existing in pre-colonial Benin kingdom. This paper contends that the legal system of the pre-colonial Benin kingdom developed concepts akin to governance, rule of law, checks and balances, court system and binding nature of traditional judgments. This paper will rely on the use of oral traditions via interviews from traditional sources, archival materials, books and articles. Thus, “the Benin oral traditions are considered to be of good grounds criterion of knowledge especially as they reflect the identity and knowledge of the Benin people, and also serve as their collective memory.”[2]
I intend to utilise information and materials on Nigerian history in the National Archives of Nigeria. However, Daly contends that “the sources of post-colonial African history are increasingly found outside of state archives.”[3] Thus, I have made contact with private individuals and institutions housing sources of Benin legal history. For example, the Institute of Benin Studies in Benin City Nigeria has a large collection of materials and documents on Benin history.[4] The management of the institute has agreed to let me use their library to find relevant materials.
Also, I intend to interview some high ranking Benin Chiefs, academics and historians to garner and collect information on traditions about pre-colonial Benin. For example, Mr Daniel Inneh, who is a retired permanent secretary and presently a member of the Benin Customary Alternative Dispute Resolution Committee (BCADRC) has agreed to be interviewed.
[1] Abioye, F. T. (2011) The rule of law in English speaking African countries: the case of Nigeria and South Africa. A PhD Thesis submitted to the University of Pretoria, South Africa 23.
[2] Osadolor, O. B. (2001). The military system of Benin Kingdom, c. 1440-1897. A PhD Thesis submitted to the University of Hamburg.
[3] Daly, S. F. C. (2017). Archival research in Africa. African Affairs, 116(463), 311-320.
[4] Institute of Benin Studies https://beninstudies.wordpress.com/about/