TRADITIONAL DISPUTE RESOLUTION MECHANISMS IN OGBA AND IKWERRE – NIGERIA AND THE INFLUENCE OF CHANGE

Abstract

Throughout the world, dispute is a common phenomenon in human relations. Covertly or overtly, humans have the tendency for vested interest. Therefore, at any point one individual or group crosses the prescribed boundaries of accepted cordial relationship, dispute ensues. Without over stating the obvious, the concept of dispute resolution is predicated on the assumption that an equitable society can only be brought about by an equitable decision. According to (Otto 2015) dispute is one of the inevitable phenomena of every human society. However, what exemplifies the greatness or quality of life in any society is how such society is able to administer their affairs. Merely looking at the face of the lion, a fickle mind will not be able to draw it. However, with courage, a great mind can tame the lion. To adjudicate on disputes, requires courage, forthrightness and selflessness, since an unbiased mind will not border whose odds in gods. Perhaps, this is why it is often said that “to be firm, is to be prudent”. In the administration of justice, there is no doubt that parties may like to tempt adjudicators so as to win their sympathy, however, a good knowledge of the rules and traditional mechanism of dispute resolution, will make for efficient performance. The preference for nonviolence informs in dispute or conflict management, informs the traditional mechanism for dispute resolution (Ogoloma 2013). In most cultures, it is noted that order cannot be obtained through disorder. In corroboration, Iheanachor contend that in traditional societies, law and justice prerequisites and holding blocks of every society. Ogba and Ikwerre are progenies of a common ancestry. Their forebears Akalaka and his half-brother Ochichi having traced their origin to the ancient Benin Empire. Ogbaland and Ikwerre are situated in the northern margins of the Niger Delta. They live in village clusters. Ogba and Ikwerre are patrilineal cultures. The family is the smallest unit of administration. This extends to the bound family which stretches to minor and major lineages. Next is the kindred and community. Each of these, exercise a degree of administrative powers as shall be further explained in the course of this exposition. In Ogba and Ikwerre common ownership of property is one of a common experience. At the death of a progenitor, decedents and share whatever wealth or liability that may be left behind. Unfortunately, some deviants dispute the formula of property disbursement. Often times, this leads to intractable dispute. The purpose of this study is to identify the causes of dispute resolution in the areas. It further examines the different mechanisms adopts the ethnographic and historical method in the discussion. It notes the need to maintain order and equity in the society. It concludes that traditional means of dispute resolution mechanism which have been eroded owing to western style of legal system should be revived for a more peaceful co-existence.