TRADITIONAL RULERS COUNCIL AND CONFLICT RESOLUTION IN BAYELSA STATE, NIGERIA
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- 1-5 Chapters
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- Chi-Square
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- Reference Style: APA
- Recommended for : Student Researchers
- NGN 3000
Background of Study
Traditional institution‖ and their role in conflict resolution has been the major phenomena in recent years and most especially after United Nations General Assembly adapted resolution A/RES/61/295 on Thursday, 13th September 2007 in New York (http://www.un.org). Traditional institutions refer to all those people-based and local approaches that communities innovate and utilize in resolving localized disputes, to attain safety and access to justice by all or a situation where traditional, local actors and procedures are applied in bringing fairness, justice in the society or resolving disagreements between two people, groups and communities (Adejo, 2018). Although the resolution is not legally binding as an instrument of International Law, it has been incorporated by many communities, organizations and countries in conflict resolution (Adegbulu, 2019). The resolution scored 144 votes in favor, 4 against (Australia, Canada, New Zealand and United States) and 11 abstentions of which Nigeria is inclusive. However, since its adoption, Australia, New Zealand, Canada and the United States have all reversed their positions and now endorse the Declaration with Colombia and Samoa also reversed their positions and indicated their support for the Declaration.
Broadly, conflict is a straining of the relationships between two or more parties with divergent beliefs and roles, which can be over ideology, politics, religion that can lead to a struggle, resistance, opposition, antagonism, discourse, clash set up by clash between opposing and contradicting impulses in an individual which leads to decline in morals. Among the strategies aimed at preventing, managing, and settling internal conflicts in divided societies, traditional approaches have usually been associated in particular with self-determination conflicts, or more precisely with conflicts in which territorial concentrated identity groups (whose identity is, in part, derived from association with this territory, or homeland, in which they reside) demand to exercise their right to self-determination (Adesoji, 2019).
Significantly, the art of resolving conflict is borne out of a belief that conflict which is inevitable could and should not be left alone, it therefore needs to be put under control by interacting with relevant parties to develop common generalization or principles and practices that would return cordial relationship against violence. During conflicts, traditional rulers therefore undoubtedly played significant roles in managing these conflicts informally and arranging peace-making meetings when matters get out of hand. These governance institutions and structures were controlled by certain unwritten laws which formed part of the general social structure, and, its machinery of enforcing governnance was well-organized to manage affairs, administered justice and resolve tension in the society. However, during colonial era, there was a role change as the roles and offices of traditional rulers were either usurped by the colonialist or their subjects. Traditional institution play a major role in the everyday resolution of disputes and maintenance of order in communities throughout the Africa. For traditional rulers they play a significant role in the maintenance of order and resolution of disputes including, in particular, in many post-colonial countries such Papua New Guinea, Fiji, Solomon Islands, and Vanuatu. This is also the case in the socially diverse societies of sub-Saharan Africa. For example; In Malawi between 80 and 90% of all disputes are processed through traditional justice forums (Afigbo, 2022), In Bangladesh an estimated 60-70% of all disputes are processed through customary Salish (UNDP, 2005), In Sierra Leone approximately 85% of the population falls under the jurisdiction of customary law, defined under the Constitution as the rules of law, which, by custom, are applicable to particular communities in Sierra Leone (Akpomera, 2020).
In many post-colonial countries, including each of those discussed in this paper, state laws and institutions (such as courts, lawyers, justice ministries, police and prisons) operate alongside customary ‘or traditional institution mechanisms that have been integral parts of indigenous social orders since long before the arrival of the modern state. These older traditional ‘approaches have not disappeared under the cumulative weight of modernity, statehood and globalization. Chiefs and other custom leaders can be important sources of guidance for families, community people’s interest in the socio-political space and if they gain a greater understanding of children‘s rights, they can play a significant role in helping to change attitudes and behaviour. (Boege, 2016). Looking for such areas of common ground between custom and human rights, and peace making even when advocating for particular aspects of social and political issues, will assist with protecting the best interests of their communities.
Statement of the problem
It is a general notion that conflicts are inevitable and part and partial of human nature. However, the non participatory roles of traditional rulers in the present day administration as compared to their roles in managing and resolving conflict in pre-colonial Nigeria is accounting mainly for the decades of social conflicts that is manifesting itself in our socio-economic and political circuit as observed by Babatunde (2022).Contrarily, Egwurube (2018) asserts that the long standing conflicts in Africa have been solved using the formal institutions that have not resulted in sustainable resolution of conflict and peace. Bizarrely, the formal institution is far away from the people, very time consuming, costly and highly formalistic, with confusing procedures and unpredictable outcomes, focused on individual capability and on the punishment of the individual. Thus many people have loose faith in the fairness and the efficiency of the formal institution. According to Abdullah (2017), this development does not only renders traditional rulers and her institutions irrelevant but also creates threats to peace, security and stability in the nation.
Although there exist several literature on the role of traditional institution in peace keeping but recently, little or no attention has been paid to traditional rulers council and conflict resolution in Bayelsa State, Nigeria. Against the backdrop this research therefore sought to examine the traditional rulers council and conflict resolution in Bayelsa State, Nigeria.
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