THE EFFICACY AND LEGITIMACY OF TRIAL ORDEAL IN NIGERIA

Abstract

In Nigeria, one of the prevalent practices is that of trial by ordeal. The practice of this ordeal is not recent as it has always been since the precolonial era. At the time, custom and tradition was the ruling force over the affairs of every Nigerian society. These customs provided for ordeals that would be employed when issues of crime arise. It was used to identify the guilty. They were not all the same in all communities, they were of various forms. Example is the practice of the Efik to subject suspects of witchcraft to swim a river of crocodile, other villages banish suspects or accused persons are poisoned to test their innocence. Ordeals of all types were dangerous, obnoxious and most times degrading. As time passed, Nigeria had an established legal system; here laws were enacted, institutional were established to enforce them. Having considered the nature of trial by ordeal, many laws were enacted to antagonize this practice; the 1999 constitution of Nigeria, the criminal code Act, the penal code Act among other national enactments bearing provisions that do not accommodate trial by ordeal. In addition, international treaties were made, which its provisions antagonized practices of ordeal. Despite these frameworks established, it is evident that the practice of trial by ordeal still occurs in modern times which could be traced to some reasons; the belief in trial by ordeal as the sure means of obtaining justice, the disbelief in the country’s legal system and the country’s ability to dispense justice, the intention not for true justice but to unleash vengeful actions upon accused persons etc. There is need to bring to light true understanding about trial by ordeal, and its long term effect on society. The reflex action of immediately resorting to trial by ordeal should be dissuaded and better means adopted to resolve issues of crime and/or conflict when they arise, thereby guaranteeing social order, justice and progress.