The Uromi Justice Development and Peace Caritas Initiative, a faith based organisation of the Uromi Catholic Diocese led by Very Rev Fr. Dr Fidelis Arhedo, has embarked on the Codification of Esan Customary Laws and Practices with the aim of building peace, preventing conflicts and engender religious tolerance and human dignity in Esanland.
Lucky Isibor who has been following the development writes on how the codified Common Laws will enhance jurisprudence in Esan customary causes and deliver justice to the people.
The Uromi Justice Development and Peace Caritas (Uromi JDPCI)Initiative has embarked on the codification of Esan common laws and practices as part of its contributions to peace building, conflict prevention and peaceful coexistence of the various people and adherents of various religions in Edo Central Senatorial District.
The codification of our Esan common laws by Uromi JDPCI, an arm of the Uromi Catholic Diocese accoding to stakeholders in the Esan project marks a significant milestone in the people’s collective pursuit of peace, justice, and stability.
For generations, our communities have relied on customary laws and practices to govern our relationships and resolve disputes. However, the increasing complexity of our society and the changing needs of our people have created a pressing need for a clear, comprehensive, and accessible framework for justice and dispute resolution.
The codification of our common laws offers a unique opportunity to distill the wisdom of our ancestors, clarify ambiguities, and provide a unified framework for addressing the challenges that face our communities. By providing a clear and consistent set of rules and procedures, we can reduce confusion, promote transparency, and foster a sense of fairness and justice.
Genenis/involvement of monarchs
These were also alluded to by Rev.Fr. Dr. Fidelis Arhedo, the Executive Director of Uromi JDPCI and initiator of the project during the validation meeting of the codified laws on Thursday, 13 March at the Uromi Catholic Dioceasean Chancery, Uromi.
Arhedo noted that the customary practices of the people makes them what they are and should not be allowed to go into extinction, adding that the Catholic Church is interested in knowing what can be picked from the customs of the people that promotes the the glory of God and inputting them into the Christian religion.
The Uromi JDPCI Executive Director disclosed that the idea came to him at an anti-human trafficking workshop he attended in Lagos in 2002, where he discovered during the sharing of experiences and ideas with co-attendees from Obudu, Ogoja in Cross River State that they have bye-laws that encapsulate the people’s customary laws.
According to Arhedo, “It was in the year 2022 when we went to Lagos for a workshop on the issue of human rights and trafficking.
“In the course of the conversation we now find out that in presenting our story on what we are doing to curtail human trafficking in Esanland we found out that other people were also working on human rights, early child marriage in Obudu, Ogoja in Cross River State. It was during the sharing of ideas and experiences among participants that I found out that, they have bye-laws; where they have customary laws put into law. I now pointed out that though we have customary laws and practices in our area, they are just like story telling, they’re not documented. So, I thought about it, if the language is even going into extinction, our customs cannot go into extinction. What makes us who we are, is our customary practices that we talk about, even the Catholic Church recognises the custom of the people, that’s why we talk of acculturation, what can we pick from our culture that promotes the glory of God, we can input it into our Christian religion. So, with that I came home, I discussed with my team in Uromi JDPCI, Dr. Mike Iyiobhebhe, the Director of Programmes and said this is something we can do and he also saw reason with me.
I then discussed it with my Bishop, Bishop Donatus Ogun who graciously approved of it and gave me the nod to go ahead with the project.
“Then we started searching for sponsors to support us, because we need money go about researches. It was at this point we decided to contact our traditional rulers, our monarchs, to seek their approval as the custodians of our culture and customary practices. I then went to consult the Onojie of Igueben, on personal grounds, because he’s been working with us even in the area of human trafficking and other of our interventions. He bought the idea. He told me he would discuss with the monarchs and get back to me to know when I can address them at their meeting. A while after, he got back to me to come to their next meeting at Ohordua. Actually I went to Ohordua for the meeting and the monarchs were very happy and I was recieved warmly by the monarchs. They did not object to the project and why I’m also very proud to present it to them is that in all the kingdoms in Esanland, they have very senior lawyers who can stand their own anywhere in the Country, who can determine whether what we are doing aligns with our constitutional and other extant laws and human rights declarations, so that we will not make mistakes and they agreed with me.
Sponsorship
It was after that we approached the German Bishops Conference also known as MISEREOR De Agency who bought the idea. That’s why we picked ten kingdoms where we are working, two each from the five LGAs in the first phase. When we work with these in the first phase and see how it comes out before we’ll include other kingdoms. It requires money, we know how much we have spent on this work so far and we are indeed very grateful to my Bishop, Bishop Donatus Ogun who also believed in this project when I discussed it with him. My Bishop supported me and gave me the go ahead with the intervention in Esanland”.
While clarifying that the project is not looking at how an Onojie ascended the throne or how an Odionwere emerged, Arhedo noted that potential issues capable of generating conflicts such as inheritance, marriage, burial, wife inheritance or widow inheritance, house opening, the Oror System (godfather/godmother practice) among others are the focus of the project.
The research
The resolution of issues led to the commissioning of Esan Khide Development Foundation led by an erudite scholar, Prof. Matthew Izibili, who conducted extensive research from the ten communities for the first phase of the project which was validated on 13 March.
The clergyman also made it clear to the participants that from available records from the Esan Enijie, that all the kingdoms and clans in Esanland are autonomous with their customary laws and practices, adding that the validation held at Uromi because Uromi is the Dioceasean headquarters of Uromi Catholic Diocese handling the project.
“Let me talk about the aspects we are looking at, we are not looking at how an Onojie ascended the throne, how someone became the Odionwele of the community, but we are looking at issues that normally bring conflict in the community. Issues that focus on human rights and common practices, that’s why we are talking about customs and common laws to enhance the peaceful coexistence within the communities and promote social justice. That’s why we talk about house opening, marriage, divorce, wife inheritance, and relationships that infringes on human rights and human dignity and see how we can respect one another.
“On the projection of this project, why we are doing what we’re doing is that interpretation some times can be subjected to personal whims and caprices and some times you see our people copying bride price from other ethnic groups like from the East. For instance when an Igboman comes to Esan to marry, they will demand for items that Easterners demand as bride price, no, we’re against that. My projection is that we as Esan people should remain unique and authentic with our traditions and practices and a projection that there is room for freedom of religion to enable the Christians do their own, Muslims do theirs and those who are within the African Traditional Religions (ATR) should also do their own. And they should also look at these laws in a way that will give freedom of religion to people and they should be able to sift the ones that are so tied to traditional religions and see the way they can accommodate Christians to allow Christians to practice the customs and traditions without necessarily subjecting them to be involved in ATR”.
Findings and validation
Presenting the findings for comments and validation, the Chief Responsibility Officer (CRO) of Esan Khide Development Foundation, Prof. Matthew Izibili pointed out that in their brief, the Uromi JDPCI handed them five thematic pillars of “Marriage, Divorce, and Widowhood Practices; Inheritance and Land Ownership, Burial Rites and Customary Laws; Taboos and Cultural Norms and The God-father/ God-Mother (‘Oro’) System”; noting that in the course of the research they have to formulate other thematic pillars in addition to what was initiatially contained in their briefs from Uromi JDPCI, as a result of the contentious nature of the issues rearing their heads therefrom; with a view to forestalling conflicts from them.
These include Breaking of Kolanuts, Ebhe Ikpise (The Presentation of Goat to a Wife’s Family After First Child Birth) and Legitimacy of Children.
Izibili explained that the issue of Ebhe Ikpise has even been reformed in several communities to align with the dynamic nature of culture and religious neutrality and renamed Ebhe Omon or Ebae Omon ( Food Heralding Child Birth) in some communities to forestall its extinction.
While analysing the findings from the ten communities covered by the research and codification, Izibili highlighted areas requiring amendments and fine tuning to comply with all the existing State laws and the Constitution of the Federal Republic of Nigeria.
In their various comments, representatives of the various Esan Enijie and communities made inputs as it affects their communities.
The research findings and codification had earlier been transmitted to the Esan Enijie to enable them lay it before their people and views collated for onward transmission back to Uromi JDPCI for inclusion in the final draft.
Participants also called for the publication of the codified Esan Customary Laws and Practices so that it can be used as legal authority in Customary Courts in Esanland.
Contributions to jurisprudence
Newscurve24.com took up the viability of this noble project with senior lawyers to speak on its place in adjudication of Esan customary causes.
In an interview with Sunny Agwinede (Esq), a Benin based senior legal practitioner with over thirty years experience, lauded the Codification of Esan Customary Laws and Practices and praised the efforts of Rev. Fr. Arhedo in his efforts to document Esan customary laws and practices with particular reference to the laws that have been reviewed to align with the Constitution of the Federal Republic of Nigeria, Bendel State law on Will, now applicable in Edo State and latest Supreme Court judgements on land ownership and inheritance in Esanland.
Agwinede who noted that before now, lawyers relied only on Esan Native Laws and Customs authored by the late Dr. Christopher Gbelokotor Okojie and case laws, as authority in the determination of customary causes in Esan, pointed out that this will certainly enhance legal citations and justice delivery. He cited instances where the reforms in Esan Customary Laws have been tested in Courts and the reforms upheld.
According to the learned Senior Counsel, “Law is dynamic, law will adjust itself to social norms and current situation, that’s why law is always subject to amendments and reforms, you see that our constitution has been subjected to several alterations. So, similarly, our Esan common laws cannot be static; for example we used to say that women don’t inherit, women now inherit in Esanland. For example we cite the case of Esther Joseph of Ebelle, who carried out the burial of her father, she inherited all her father’s landed and other properties. Before now it was not allowed, but they will look for a male family member in the extended family to carry out the burial of the deceased and inherit his properties instead of the female children. But now a woman can conveniently carry out the burial and inherit.
“We had a case like that at Idumowu in Ebelle where a grandson, Christopher Azenabor purported to have carried out the burial ceremony of his grand father, the father of his own father and his uncle’s father, but the community said no, they told him that your grand father had two female children who are his direct children and still alive though all the male children including your father and uncles are all dead, but the two female children, Onaiwu and Ejeobomense are still alive and that they’re the people entitled to perform the burial. So, what ever you want to do you’ll stand behind these women to carry out the burial. At the end of the day, though he spent money at the burial, the community held that it’s the female children of the deceased, the late Okogwa; Onaiwu and Ejeobomense who performed the burial ceremony .
The said Christopher Azenabor later took over his father’s properties and that of his late uncles purporting that he performed the burial of his late grand father, Okogwa.
The uncle’s children went to Court and the Court heard that he has no right to inherit his uncle’s properties claiming that he performed the burial of his late grand father. The Court also heard that it was Onaiwu and Ejeobomense, the female children of the deceased Okogwa who performed the burial of their father and his grand father”.
Agwinede also noted that the Esan Customary Laws on inheritance as practiced in Esanland does not apply to an Esan man’s properties acquired in other jurisdictions, for instance in Benin City or any part of Edo South Senatorial District, adding that the legal doctrine of Les Situs, which states that inheritance is in accordance with the prevailing customary laws in the community the properties are situate. He cited decided Supreme Court judgements to support the doctrine.
“This is because the Supreme Court in the case of Olowu and Olowu decided otherwise. Olowu was a Yoruba man from Abeokuta who lived all his life in Benin, he acquired all his properties in Benin. When he died the children said in Yoruba land there is the system of Idi Igi, which is properties are shared according to the gates (Ukhuede in Esan), no concept of Igiogbe under the Yoruba Customary Laws. But the Supreme Court said no, under the doctrine of Les Situs, that is it is the custom of the place where the properties are situate that applies. The Supreme Court said since Olowu’s properties are in Benin, it is the Benin custom of Igiogbe that will apply, that the main house where Olowu lived and died automatically as of right belongs to Olowu’s first son and that every other property could be shared among the children, including the first son who will also share from the property. The Supreme Court said the Yoruba customary law cannot apply in Benin. Similarly, if an Esan man has properties in Benin, it is the the Benin custom that will apply to him. If an Esan man lives and die in Benin, his Igiogbe in Benin automatically belongs to his first son. If the man also builds another house in Esan, since in Esanland the first son also inherits, he will also inherit the Igiogbe in Benin and inherit that in Esan.
On the issue of will, Agwinede emphasised that under “Section 3 of Bendel State Wills Law, now applicable in Edo State states that nobody shall make a will that is contrary to the custom, that the Will must be in tandem with the custom of the place of the man’s area”.
He cited a Supreme Court judgement in the case of Idehen versus Idehen on how the Supreme Court set aside a Will for not complying with Benin customs.
Agwinede concluded by stating that, “The book can be cited as legal authority in Customary Courts and even in the High Courts in the adjudication of causes relating to Esan Customary and Common Laws”.
What it will achieve
Ultimately, the codification of our Esan common laws has the potential to enhance peacebuilding in our community by:
– Providing a shared understanding of rights and responsibilities
– Promoting consistency and fairness in dispute resolution
– Reducing conflicts and promoting reconciliation
– Fostering a sense of unity and shared purpose
We believe that this effort will have a profound impact on our community, and we appeal to all Esan sons and daughters to work together to bring this vision to life.