TRADITIONAL WAYS OF SETTLING CONFLICT THROUGH THE MEDIUM OF TELEVISION.

Review of Literature

. The need to thoroughly research into indigenous mechanisms of conflict resolution has been a major interest of the global community since the early 1990s. This concern was compelled by the nature of the conflicts in the post cold war world, which seemed to have defied “conventional wisdom”. Africa is considered to have a crucial role to play in this global search for a New World order.

. The need to further search into traditional conflict resolution mechanisms in Africa was strongly emphasized by professor Jannie Mala (1997), the head of research at the African Center for the Constructive Resolution of Disputes (ACCORD) in the book entitled Conflict Resolution Wisdom from Africa. He noted empathic ally that “Africa’s practical and relational wisdom, both in its tremendous diversity and its elemental commonality, deserves to be taken seriously” (p.8). He called for a more careful study and contemporary application of conflict resolution insights and skills acquired in Africa during the eras of traditional leadership, colonial rule and new independence.

. The maintenance of law and order is of prime importance to any society of the world. Without a sound legal or judicial system it is absolutely impossible for a society to cohere; it is impossible for the society to find a way out of many conflicts it is bound to face in the process of human interactions. The judicial process in modern day African society can be divided into two broad groups: the formal and informal.

. The formal process of conflict settlement refers to the use of formal (western) courts (High, Magistrate, Customary or Native Courts). The Customary courts that exist in many African societies are “customary”, only in name. They derive their power and jurisdiction as judicial bodies from statutes, and not from indigenous traditional authority. The goal of the formal judicial system is to ensure that justice is dispensed according to laid down rules, procedures, or laws. The system lends itself to predictability and enforce ability by reason of the machinery provided under the law. The western court system have little or nothing to do with reconciliation; the emphasis is on providing “justice”.

. The legal system in pre-colonial African was informal in the sense of their flexibility. Many African people who find it difficult to come to terms with the formal western approaches often retreat to this age-long African methods of conflict settlement, resolution and transformation. The “African law” is written and therefore flexible and embodies the totality of the dynamic culture of the people (their world view, religion, myths, theatrical performance, etc) and it is not just limited to some fixed rules and regulations. The African “law” is often applied with a human face.

A primary goal of the traditional conflict settlement system is to reconcile the conflict parties. To this end, most conflict settlement mechanisms in Africa ends with a “reconciliation ritual”.

This could involve the conflict parties drinking from the same cup of water or wine. In some cases, blood oaths are taken to the effect that one of the parties would all the conflict to re-escalate after the settlement. All these take place most probably because “African legal culture is grounded in traditional religion”. (olaoba,2002:14)

Olaoba further notes that “Africans believe in influence of ancestors on virtually all human activities”.

The most important reason why the Yoruba shun the western judicial system (most especially going to court) is aptly captured by the popular Yoruba “A ki ti ko tu bo ka sore” (you do not return from the western court of law and remain friends). The simple point that this adage is trying to make is the process and outcome of the western judicial system are not in harmony with the legal culture of the Yoruba people. As noted earlier, the legal system in Africa is reconciliation in nature, it is aimed at ensuring that relationships are not permanently impaired by a conflict situation.

Evidential rules in the formal court of low are strange to the Yoruba cultural practice. The most criticized is the practice of the conflict parties address the Judge through their lawyers. The technical argument of the lawyers leads to numerous court adjournment which helps to “keep the conflict fresh in the minds of the disputant”. In the process, a minor dispute/disagreement is turned into “a big problem” that might finally wreck whatever is left of the possible future relationship between the parties. What lawyers charge as their professional fee is considered by many to be outrageous and not within the reach of the poor.

Yoruba culture and traditions play significant roles in facilitating peaceful settlement of the cases dealt with outside the formal court system. First and foremost, conflict is considered in Yoruba cosmology as something normal “man is bound to face it”. A popular Yoruba says “even tongue and mouth as close as they are fight regularly”. Conflict is also seen by the people as something – necessarily dysfunctional. An adage thus says “Gbogbo nkan ko – ija nbaje” (it is not all things that conflict). Conflict is in --- seen by people as a forerunner of change and development. A Yoruba adage drives this point home. “Deceit is the game when two brothers go into the closet and come out smiling at each other all the time. Sincerity is suggested when they come out with frowned faces”. The Yoruba do not, therefore, see conflict as a problem but rather that the problem on how conflict is handled by man.