







































 OLOMOJOBI & YERIMA: Religious Pluralism and the Interaction of the Yorùbá Legal System in Nigeria 

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RELIGIOUS PLURALISM AND THE INTERACTION OF THE YORÙBÁ LEGAL SYSTEM IN NIGERIA* 

 

Abstract 

The great influence that religion has on law has been a source of argument for many schools of thought. The truth is that no 

matter how hard one tries to separate law from morality, there is still a moral content within the law. What determines the 

morals of a society or community is dependent on the society’s religions, customs, traditions and beliefs. Hence, at the core of 

its being the legal system of a society is based on the moral value system of the society in which it exists. This article therefore 

attempts to bring these concepts together by examining the Yorùbá religion, its customs and traditions and juxtaposing them 

alongside the features of the contemporary legal system in Nigeria.  The imperial influence on the Nigerian culture and laws 

has affected the very core of this nation, mixing with it and birthing a hybridized counterfeit of both cultures. It would seem 

that the presence of the English law in Nigeria creates a conflict as to which law should apply to a citizen of Nigerian. A 

crucial question to be asked is why laws of a foreign land are accepted without question, but the laws of the land are forgotten 

and rejected.  

 

Keywords: Religious Pluralism, Yoruba Legal System, Nigeria, Interaction 

 

1. Introduction 

The quest to find a universally accepted definition of law is one that has gone on for years. Its ability to permeate different 

aspects of societal living is indicative of its fluid nature. Hence law cuts across different societal institutions such as, religion, 

culture, and economics amongst others. Religion so far has been one of the most important societal institutions to man, it gives 

man a sense of belonging by tying his beliefs to a god or gods who are interested in his prosperity and success. According to 

Edward B. Tylor, Religion is the belief in spiritual beings, which has to do with man’s belief in other-worldly beings who he 

believes has control over his life and its content.1 Religion is a system of faith and beliefs; worship, that usually involves 

having faith in a Supreme force.2 Usually religions have a codified set of rules and conduct in written form called scripture. 

However, African traditional religions do not write down their own doctrines, which has led to the perception that they are not 

religions beliefs but rather singular norms held sacred by the people.  The various Nigerian traditional religions each have their 

own beliefs, sentiments and gods; The Yorùbás believe in the Almighty Èledumare, as the supreme god over the universe who 

sent Oduduwa to the world, The Ibos believe in Amadioha.3  Each ethnic group in Nigeria possesses a unique blend of customs 

and religious beliefs. Religion forms the core of the society as it holds its religious values in high esteem. However, it is readily 

observed in contemporary Nigerian society is that most of its culture are withering away.  Since the dawn of colonialism, 

Nigeria has been desolate in terms of the essence of its cultural and spiritual practices. Thus, it is not surprising that in the case 

of Eshugbayi v Government of Nigeria4, the revered Lord Atkins describes the customs and traditions of the Nigerian people 

as barbarous.  In this context, Nnaemeka- Agu JSC described this pathetic state of affairs perfectly when he said that the 

customary laws of the Nigerian people are still bogged down by this annoying vestige of colonialism. He stated that our own 

customs were being treated like foreign laws by our own people, in our own country.5 The Yorùbá people of the Nigerian 

society are probably the most popularly known tribe as well as the ones most concerned with the preservation of their norms 

and customs. The Yorùbás have an adage that says: ‘Ṣaaju ki a to mọ íbíti a nlo, a gbọdọ mọ íbí ti a ti nbo’  ( ‘before we know 

where we are going, we must now where we come from).’The religious tenets of the Yorùbá society and the relevancy of its 

customs and traditions, and its role in maintaining law and order, in this modern age will be analysed further in this article. 

. 

2. Yorùbá Mysticism 

The thought system of a people mirrors their social organisation, political structure and their construction of reality.6 It is the 

desire for the Yorùbá to understand the world around them about myths and legends that explains both natural and unnatural 

phenomena. These myths and legends created gods what is termed as ‘Òrìṣà.’7The building block for all myths and legends 

within the Yorùbá society is within its creation. The Yorùbá people believe that before the world was created, the universe was 

made up of only two elements; the sky and water. Two gods ruled over these elements – Olokun was the water god and Olorun 

was the sky god.  Olorun had two sons; Odùduwa and Ọ̀batala. Ọ̀batala who was the youngest asked his father if he could 

create a new realm. Olorun agreed and so the world was made. Ọ̀batala first sought advice from the god of prophecy; 

Ọ̀rúnmìlà,8 who informed him that he would require a gold chain long enough to reach below that is the eternal abyss where 

the world would be found. Ọ̀batala possessed a snail shell filled with sand, a black cat, a white hen and a palm nut, all of 

 
*By Yinka OLOMOJOBI, LLM (Liverpool), PhD (Lancaster) BL, FCIMC, Professor of Law, Department of 

Jurisprudence and Public Law, Babcock University, School of Law & Security Studies, Iperu-Remo, Ogun State, Nigeria. 

Email address: olomojobiy@babcock.edu.ng. Tel: ++234-8100418553; and 

*Khadijah Kudirat YERIMA, LLB (Hons), LLM (Babcock University), Lecturer, Babcock University, Department of 

Jurisprudence and Public Law, Babcock University, School of Law and Security Studies, Iperu-Remo, Ogun State, Nigeria. 

Email: khadijahkyerima@gmail.com 
1William H. Swatos, Tylor, Edward B, Encyclopaedia of Religion and Society (2021) available at 

<https://hirr.hartsem.edu/ency/Tylor.htm> accessed on the 21st January 2020. 
2 Chris C. Wigwe, Jurisprudence and Legal Theory, (Ghana: Readwide Publishers, 2011) 109. 
3 Ibid. 
4 [1913] A.C. 662 at 673 
5 Ugo v. Obiekwe, [1989] 1 N.W.L.R., 566 at 583 – 584.  
6 Wande Abimbola, Ifá Will Mend Our Broken World, (USA: Aim Books, 1997) 93. 
7Toyin Falola and Akintunde Akinyemi, Encyclopedia of the Yoruba, (USA: Indiana University Press, 2016) 6 
8Ọ̀rúnmìlà is the god of wisdom, he was said to hold all of Olodùmare’s thoughts and wisdom and so it was pertinent to ask 

him for advice before making any decision. 

https://www.jstor.org/stable/1384378
https://www.jstor.org/stable/1384378
mailto:olomojobiy@babcock.edu.ng
https://hirr.hartsem.edu/ency/Tylor.htm


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which he was to carry in a bag.  Ọ̀batala acquired all these materials and began his descent to earth. He first hung the chain 

from a corner of the sky and climbed down. Unfortunately, he reached the end of the chain and realised that it was not long 

enough. Ọ̀rúnmìlà then instructed him from above to pour the sand from the snail shell out and release the white hen to scatter 

the sand. Ọ̀rúnmìlà explained that anywhere the sand landed, dry land would form. The larger piles of sand became mountains 

and hills and the smaller piles became valleys. Ọ̀batala then dropped from the chain and where he landed he called Ife.9 The 

dry land had expanded greatly, so he dug a hole and planted the palm nut, and it grew immediately. The mature tree released 

more seeds into the ground and more trees grew from them, the process continued till the world was filled with green foliage. 

Ọ̀batala then dwelt there with the black cat as company. Soon Ọ̀batala grew bored and began to explore the realm He created 

and discovered palm wine. He got drunk with it and got distracted from his duties. Olorun, enraged at his son, sent his older 

son Odùduwa to complete the mission. Odùduwa was successful and was crowned the king of Ile Ife. After waking up from 

his drunken stupor, Ọ̀batala was filled with anger and jealousy. However, Ọ̀batala pleaded with Olorun for forgiveness. 

Olorun forgave Ọ̀batala later and gave him the divine duty of creating mankind.10 After man was created, the different Òrìṣàs 

began to descend from the heavens, to teach man how to live and survive. Ogun, the god of Iron came first and taught man 

crafts like hunting, he taught them how to make fire etc. Other Òrìṣàs followed such as Aganju, who taught man other survival 

skills. Another Òrìṣà of importance is Sango, the god of thunder who became the punisher of evil.11It was when the gods 

descended, that man truly began to truly exist. As the gods began to teach and instruct man, man became sufficient and quasi-

independent, which led to the structure of a society similar to the one the Òrìṣàs operated in the heavens. This particular myth 

of creation, is very prominent amongst the Yorùbás and its influence is imparted in all aspects of their cultures. 

 

The Ifá Oracle 

The Ifá practitioners believe that Ifá is the first and oldest religion known to man, proceeding directly from Olodùmarè 

(Supreme Being). It is believed that humanity came from Ifá that all other religions were birthed from it. Many worshippers 

even go as far as using the Bible verse ‘In the beginning was the Word and the Word was with God and the Word is God,’ to 

explain that Ifá is the Word that was with Olodùmarè (God) and that God gave us the Word, to ‘dwell amongst us’12 This 

Bible verse is interpreted by Ifá practitioners to refer to the presence of Ifálong before anything else.13 Salami describes the 

Word ‘…as a message, neither human nor spirit but a message that comes from the Supreme Being’.14 Ifá is thought to be one 

of the major divinities who came down from heaven or (Orun), using an iron chain, into the land of Ife.15 It is imperative to 

note here that Ifá may be used in many separate contexts: 

1. ‘Ifá is used to refer to the god of wisdom and knowledge in Yorùbá cosmology. In this context, Ifá refers to the god 

Ọ̀rúnmìlà.16 

2. Ifá is also used to refer to the consultation or divination process of Ọ̀rúnmìlà. This is also called Ifá divination or 

Ifá dídá 

3. Ifá is also used to refer to the teachings of Ọ̀rúnmìlà .i.e. the Ifá Literary Corpus. This body of knowledge is the 

sacred text of the Yorùbá religion and all its branches and denominations around the world. The corpus is made up 

of 256 Odù (.i.e. ‘books’ or ‘chapters’). Each Odù contains between 600 and 800 poems. 

4. Ifá is also used to refer to parts of the scripture that are already subdivided .i.e. the Odù or stanzas or verses within 

the Odù. 

5. The word also refers to any special herbal mixture or talisman or charm that is prepared for medicinal purposes – 

the recipes of which are contained in the Ifá literary corpus. 

6. The word also refers to some powerful prayers or incantations that when uttered, reveal truth in the sense that 

whatever is stated comes to pass. Ọ̀rúnmìlà who was created by Olodùmarè to be responsible for the spiritual well-

being of those that inhabited earth, was granted this heavenly message. He created Ọ̀rúnmìlà especially with the 

ability to cope with man’s antics and quirks, as well as an uncanny ability to understand man, fish and animals.17 

 

Ọ̀rúnmìlà was then taught the ways of Ifá divination and after fully understanding it, he was initiated into the cult of Ifá. 

Thereafter, he was referred to as Ifá in some instances.18\ It is important to note that when the heavens were created by 

Olodùmarè. He also created the sixteen major Odù and the Awoyeroye, who are the priests of Ọ̀rúnmìlà’s house.19Each divinity 

from heaven came with their personal instructions from Olodùmarè. Ifá was charged, using his wisdom and understanding, 

with the duty of shaping the world. Ifá is thought to have been present when the world was crafted. The Yorùbás believe that 

Ifá bears witness to the course of man’s destiny.20 Yorùbá mythology conceives that Ifá or Ọ̀rúnmìlà once lived in a place 

called ‘Oke Igeti’ and that he had eight children.  Ifá spent some time on earth and returned to heaven after being insulted by 

one of his children. It is said that upon his return to heaven, the world was flung into utter chaos and pestilence and confusion 

fell upon the earth.21   The people of earth began to seek remedy for the hardship they were enduring and sent the eight children 

 
9 Stephen Adebanji Akintoye, A History of the Yoruba People (Dakar: Amalion Publishing, 2014) 16. 
10 Ibid, 18. 
11 Abosede Emmanuel, Odùn-Ifá: Ifá Festival, (Lagos: West African Book Publishers Ltd., 2000) 60. 
12 Ayo Salami, Yoruba Theology and Tradition – The Worship, (UK: NIDD Publishing and Printing Ltd., 2008) 11.  
13ibid. 
14ibid.  
15 (n11) 55. 
16 Kola Abimbola, Yoruba Culture: A Philosophical Account (Birmingham: Iroko Academic Publishers 2005) 48. 
17 (n11)  60. 
18 (n16) 48. 
19 (n12) 11. 
20 (n11) 59. 
21 (n11) 59. 



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of Ọ̀rúnmìlà to beg their father to return to earth. The children accepted and went to heave to find their father who was seated 

under a palm nut tree with sixteen hut-like branches. They begged Ifá to return, but he refused instead giving them sixteen 

palm nuts and telling them to consult him if they want good things.22 This was the dawn of the practice of Ifá; the people no 

longer sought to bring Ọ̀rúnmìlà back but rather implored his children to consult him when they had personal and communal 

issues.  

 

Some traditions perceive that Ọ̀rúnmìlà was not a god but rather he was human. It is conceived that he (Ọ̀rúnmìlà) was one of 

Olodùmarè’s prophets; in fact he was His most beloved.23Ọ̀rúnmìlà was God’s special messenger to all the creatures of the 

world; it was only Ọ̀rúnmìlà who understood the language of the animals, plants and man.  It is important to note that 

Olodùmarè endowed Ọ̀rúnmìlà with a special gift; words of power, which has led to various teachings and words of wisdom 

from him.24 When Ọ̀rúnmìlà came down from heaven, Olodùmarè gave him the divine duty of ensuring that humans 

understood how to avoid error in their lives. These issues arise as a result of man’s destiny or actions and inactions made by 

him/her.  When man is faced with challenges in life that he seeks to overcome, he/she will go to the Wise one or Ọ̀rúnmìlà, 

who will consult the Ifá Oracle. The consultation of Ifá is called Ifá Dídá. It describes the action of humans attempting to 

understand Olodùmarè’s will concerning particular issues through the Babaláwo. It is the process in which man tries to 

ascertain Olodùmarè’s viewpoint on a particular matter. It involves the offering of sacrifices in order to overcome the 

challenges and disasters of life.25 Ifá divination is performed with a flat divining tray, most often made of wood, the outer edge 

of which is generally slightly raised and carved in geometric designs and stylized figures. The face has anywhere from one to 

sixteen faces on the raised edge, and Èṣù’s face is always among them.26 Divination requires either a divining chain or using 

palm nuts or cowrie shells. The process involving the divining chain i.e. the opele, is faster and common. However, the use of 

palm nuts for divination is considered more reliable, especially in matters of importance.27 Ifá is a divination system based on 

sixteen major Odù and two hundred and fifty six derivative Odù, acquired by either the manipulation of palm nuts (obí 

àbàtà),or  the manipulation of cowrie shells (mérìndínlógún). Sixteen cowries or palm nuts are used in the divination, but a 

seventeenth is placed opposite the diviner and is referred to as the money of Ifá or a kind of chief that presides over the palm 

nuts being manipulated.28 Of pertinence in the Odù, is the major Odù which are 16 in number, they are called the Oju Odù and 

are the main configurations in the divining process from which all the others are derived.29  They are deities who are often at 

odds with one another.30 The 16 major Odù are regarded as the messengers of Ifá, they replaced Ifá after his departure to 

heaven.31The divination process is conducted by a Babaláwo referred to as the father of secrets, who acts as a medium through 

which Ifá communicates to his acolytes. He evokes the Odù which is the most relevant to the client’s situation or need and 

then uses a poem or tale that connects to the issues presented to Ifá.32After this, the Babaláwo gives instructions which ranges 

from warnings, to blessings, to specific sacrifices (ebo) as required. 

 

The Social Structure of Ifá Oracle in Yorùbá Society 

The Yorùbá society had a structured cycle and at its core laid the consultation of Ifá. The Nineteenth century was a time 

of great evolution within the Yorùbá political systems. There were about fifty different wars being fought amongst the 

various subsets of the Yorùbá people such as Òyó, Ègbá, Àwórì, Ìjèbú, Akoko, Igbomina, Ekiti, Okun Yorùbá, Owo, 

Egbado, Ijeṣa, and Ìfè amongst others. These wars led to the evolution of the Yorùbá political system which was a 

centralized monarchy with ‘typical and atypical reference to common descent or tradition of origin’.33 The influence 

that Ifá had on the society is enormous, spreading to the deepest recesses and topics as remote as parenting and training 

of children. Yorùbá proverbs which are often used in the training of a child and counsel of a king are derived from the 

Ifá corpus which is basically an embodiment of Yorùbá philosophy and beliefs.34 Ifá is consulted on all societal affairs, 

such as what king is to be selected, who was to occupy what positions, how the leaders should impact the society, on 

what day should certain things be sold and many other issues that arose from man’s day to day life.We find constantly, 

‘…in Ifá verses, that one situation has a thousand mirrors in all possible directions and dimensions. Ifá is all about the 

hermetic axiom, ‘as above, so below’ – the below is always seen as a crossroads, and the chain of choices made at each 

of its four gates reveal images of the invisible world above.’35 As Makinde wrote when reciting an Ifá Proverb:  

Wisdom is known as Ifá;  

Knowledge is the other name for Opele Ifá.  

Because we are bound to have problems.  

 
22 ibid. 
23 ibid. 
24 ibid. 
25 (n12) 4. 
26 Allison Sellers and Joel E. Tishken, ‘The Place of Èṣù in the Yorùbá Pantheon’ in Toyin Falola (ed) Èṣù: Yoruba God, 

Power, and The Imaginative Frontiers (Durham: Carolina Academic Press, 2013)  
27 Nicholaj De Mattos Frisvold, Ifá: A Forest of Mystery, (London: Scarlett Imprint,  2016) 9 
28 n26 
29 Willfried F. Feuser, Dilogun: Brazilian Tales of Yoruba Divination Discovered in Bahia, (Ibadan: Shaneson C.I. Ltd., 1989) 

iv. 
30ibid. 
31 (n6) 93. 
32ibid. 
33(n7) 273. 
34 Raji Adeyemi Areje, Yoruba Proverbs. (Ibadan: Daystar Press 1985) iv. 
35 (n27) 26 

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It is to be informed about something we are ignorant of;  

That Ifá exists to help us.36  
 

The traditional Yorùbá society was broken down into different components. The family was the smallest part which was headed 

by the Baale. The Baale is usually the oldest male in the home and is accorded great respect based on his age, wisdom and of 

course, experience.37 He settled disputes within the family and represented the interests of his household at the Quarter Chiefs 

council meetings. If the conflict arises between the two families that live within the same compound, then it is the Baale who 

resolves these issues. The Baale is the head of the compound above the family unit. Appeals can be made from the Baale’s 

court to the Olòrítun, which is a council of Baales. If the Baales give an unsatisfactory judgement, an injured party may take 

the matter to the Ọ̀ba. In cases or situations where the Ọ̀ba’s Judgement is deemed unfair one still has recourse to the Iwarefa. 

The Iwarefa is the Supreme Court of the land. Their judgement is so sound that it overturns even the verdict of the Ọ̀ba. 

 

Then next component was the quarters; made up of a group of families, each led by a chief of some sorts who was selected by 

the Ọ̀ba and represented the interests of the people. Often times, Kings and their high councils would consult Ifá to figure out 

how to help the society develop, and based on the answers received, they would make laws for the society and help create 

societal orderliness. The high council of the king takes on different names depending on the place it is established, for instance 

in the Ègba land, it is the Ògbónì, in Ọ̀yò, it is the Ọyọ Mèsì. The law like the Ifá corpus, in modern times, provides insight on 

how to solve man’s problems. The sacrifices prescribed by the oracle can be likened to damages prescribed by the courts. 

Everything in that society had a place, including women. Women played political roles such as the iyaloja or spiritual roles 

like that of the iyanifá. An iyanifá is a woman who has achieved the status of an Ifá priestess through many years of meticulous 

training.38 

 

Èṣù: The Divine Messenger 

Before the dawn of colonization and the inflow of Christianity into Nigeria, the concept of spiritual warfare had already existed 

within the scope of Christianity. This means that even before encountering the traditional religions of Pre-colonial Nigeria, 

Christianity was already built upon the idea of the struggle between the two great forces that control the world and life and the 

struggle between good and Evil.39 In the Bible, Satan (the devil) is corrupt, evil and chaotic. He possesses no moral compass 

and is perpetually opposing God and His will. Thus throughout the Bible, from the fall of man in the Garden of Eden to the 

Death of Jesus Christ and now in present day society, the devil is constantly at work fighting the Kingdom of God.40 Hence it 

can be said that Man’s life is continuously in strife and caught in the perpetual battle of good versus evil. Armed with this 

notion, the early missionaries created another force called ‘The Other’ when they came into Africa.41 Reverend Samuel 

Johnson equates Èṣù to the Satan of Abrahamic faiths, who is completely evil and devilish in conduct and action. He refers to 

Èṣù as the ‘Evil One, the author of all evil’.42 Unfortunately, critics disregard Johnson’s submission based on the rationale that 

his ideas were influenced greatly by the bias against African Traditional Religion since he was an evangelist of the Christian 

faith.43 

 

According to Ifism, the religion has a pantheon of 600+1 supernatural powers. Ifá categorises them into two classes: Irinwó o 

mọlẹ ojùkòtun44and Igba mọlẹ ojùkosi òwurò.4546  According to Yorùbá cosmology, the universe is divided into two halves; 

the right side and the left. There are four hundred supernatural powers are on the right while two hundred supernatural powers 

on the left. The powers on the right are the Òrìṣà i.e. the divinities. They are benevolent, but they sometimes punish humans 

who corrupt society. The Yorùbá pray and offer sacrifices to the Òrìṣà in order to achieve their desires. Inhabitants of the left-

hand side are Ajogun which are the anti-gods and are irrepressibly malevolent.47. The word Ajogun means ‘warrior’; hence 

they wage war against man and the Òrìṣà. The Ajogun have eight warlords which are: Ikù(Death), Àrùn(Disease), Ofo(Loss), 

Ègbà(Paralysis),Ọràn(Big Trouble), Èpè(Curse), Èwòn( Imprisonment),Èṣe(Affliction).48 While these powers are divided in 

such a clear cut manner, there are supernatural powers that straddle both sides of the left-right divide. These forces are Àjẹ 

(which translates loosely to witches) and Èṣù.  Èṣù is a neutral factor in the sense that he is neither bad nor good but rather is 

a mediator between good and evil. One could say that he balances out the equation of the world. It is worthwhile to reiterate 

 
36Moses Makinde, ‘Ifá as a Repository of Knowledge’, (1983), Volume 23(2) Journal of West African Studies 116. 
37Ayo Bamidele, Public Administration and the Conduct of Community Affairs Among the Yoruba in Nigeria (Oakland, Calif: 

ICS Press, 2002) 56 
38Akin Ibidapo Obe, ‘Spirit, Soul and Gender: The Role of Women in Traditional Worship amongst the Yorùbá’, in Akin 

Ibidapo-Obe and Chiedozie Okoro (eds) Awise Agbaye: The Voice of the Oracles – Essays in Honour of Professor Ogunwande 

Abimbola (Lagos: Concept Publications Ltd., 2017) 
39 Benson Ohihon Igboin, ‘Èṣù and The Problem of Evil’ in Toyin Falola (ed) Èṣù: Yoruba God, Power, and The Imaginative 

Frontiers (Durham: Carolina Academic Press 2013)   
40 Ibid.   
41Michael Asiegbu, ‘Spiritual Warfare and the Demonization of the Other: Missionaries, Pentecostal/Charismatics and the 

Popular Praxis’, (2006) 20() The Nigerian Journal of Theology 23 
42 Samuel Johnson, The History of the Yorubas, (Nigeria: CSS Bookshops, 1921). 
43Olubayo Oladimeji Adekola, ‘Èṣù Elegbara in Yorùbá Spiritual and Religious Discourse’in Toyin Falola (ed.) Èṣù: Yoruba 

God, Power, and The Imaginative Frontiers (Durham: Carolina Academic Press 2013)   
44Four hundred supernatural powers are on the right which are benevolent in nature. 
45 Two hundred supernatural powers on the left who are malicious. 
46 Kola Abimbola, Yoruba Culture: A Philosophical Account (Birmingham: Iroko Academic Publishers, 2005) 48. 
47Ibid. 
48Ibid. 



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that of all the divinities created by Olodùmarè, the most controversial would be Èṣù. In a world that is black and white, he is 

usually painted on the black side, as the source of evil and destruction especially in modern day religions like Christianity and 

Islam. He is regarded as the devil; the being whose sole purpose is to destroy the world.49. However in Yorùbá Mythology, 

Èṣù is not so simple to understand. He is a rather complex puzzle to solve, in fact, one of his cognomens describes him as  

Ọkunrìn nla,  

Atuka ma se e sa 

The big man, when he breaks into fragments, no one can piece him together50 

 

Èṣù is one of the oldest and most powerful of the Òrìṣàs that exists. However, as an Òrìṣà, he doesn’t quite fit into any of the 

categories that the others have structured them into. He cannot be cast into the role of a subordinate, even when he performs 

his messenger duties. In fact, during worship he is usually the first to receive salutations. Èṣù is the divine messenger between 

the supreme deity and the other Òrìṣà; he carries the reports of the activities of man and other Òrìṣà to Olodùmarè and carries 

back messages from Olodùmarè to its recipients.51 He is basically Olodùmarè’s proxy on earth. He is also however a trickster, 

often causing trouble to spice up everyday life. He is also characterised as deceitful and betrays no emotions or intentions often 

having secret plans and goals he wishes to fulfil. In fact, many say that he is the one who reported Ọ̀batala to Olodùmarè. He 

can intimidate his fellow Òrìṣà; he can make their powers impotent, turn Olodùmarè against them and ruin them permanently.52 

Èṣù is an esoteric being to understand and describe as he possesses a multifaceted personality and vast number of sacred 

duties.53 Èṣù can best be described as paradox personified. This paradox is even evident in the mythology surrounding his 

origins. He is believed to be both amongst the primordial Òrìṣà deities and at the same time, the youngest and cleverest.54 This 

grants him the freedom to act how he pleases, in the sense that he is free to experiment with the rules as the young and innocent, 

but at the same time he possesses the wisdom and understanding to bypass the laws restrictions.55As the gateway of 

communication, it is the Odù that makes it possible for prayers to be answered and magic to be performed.56 

 

3. Yorùbá Legal System 

Before the colonization era, the Yorùbá had their own indigenous or customary institutions and a great majority of the citizenry 

of this tribe adhered to these customary institutions and laws and accepted them as binding.57 One of the greatest 

misconceptions about the pre-colonial judicial system of the Yorùbá people is that it was barbaric, primitive and largely 

uncoordinated.58 The justice administration system of the Yorùbá people was hierarchically structured and organized even 

before the colonialists brought in their own system. There existed rules, norms, agencies and institutions of the law. The Yorùbá 

adjudicatory system is geared towards reconciliation and restoration of balance within the society. Thus, even if death is the 

only way to restore peace, death would wrought upon anyone without a second thought.59 It would seem that the inconsistent 

thoughts on the African legal systems stem from a point of Euro-centrism. Euro-centrism may be articulated as the perception 

of the world and its cultures in terms of European or Anglo-American values and experiences.60 There are pieces of negative 

narrative that European cultures and societies are superior, the expression of a bias and prejudice against non-European cultures 

and societies. Thus, at the dawn of colonization, when the white men came, they used their standards of what a legal system 

should look like, they looked for factors and characteristics that, from their own stand point, constituted a legal system, and 

when these factors were absent or albeit, different, they regarded what was in place as faulty and abysmal. 

 

An informal court system was practiced within the Yorùbá customary system with the elders playing a significant role. Elders 

were expected to intervene, mediate, reconcile and adjudicate in conflict matters to ensure peaceful coexistence in the 

community.61 The Yorùbás even have an adage that is proof of the significance of elders to the maintenance of law and order 

in the society, àgbà kì í wà lọ́jà kí ori ọmọ titun wọ (‘the presence of an elder would automatically instil order’).62 The informal 

court system which was governed on the principle of natural justice usually conducted its trials and hearings in public and any 

of the issues in question could be resolved at any time.63 However, not every case can be solved or resolved by the informal 

 
49 (n16) 
50 Toyin Falola, ‘Èṣù: The God Without Boundaries’ in Toyin Falola (ed) Èṣù: Yoruba God, Power, and The Imaginative 

Frontiers (Durham: Carolina Academic Press, 2013)   
51ibid. 
52ibid. 
53 Omasade Awolalu, Yoruba Beliefs and Sacrificial Rites (USA: Athelua Henrietta Press, 1996) 29. 
54 Allison Sellers and Joel E. Tishken, ‘The Place of Èṣù in the Yorùbá Pantheon’ in Toyin Falola (ed.) Èṣù: Yoruba God, 

Power, and The Imaginative Frontiers (Durham: Carolina Academic Press, 2013)  
55 Robert D. Pelton, The Trickster in West Africa (California: University of California Press, 1980) 129 
56 (n27) 
57Ibid. 
58 Oluyemisi Bamgbose, ‘Dispute Settlement under the Yorùbá Culture: Lessons for the Criminal Justice System’, in Toyin 

Falola and Ann Genova (eds) The Yoruba in Transition. History, Values and Modernity, (Durham, Carolina Academic Press, 

2006) 125 
59 An Interview with Prof. I.O. Agbede, Emeritus Professor, School of law and Security Studies, Babcock University, (Iperu 

Remo, 13th February, 2020) 
60 Sabelo J. Ndlovu-Gatsheni, How Eurocentrism & Coloniality Shaped Africa available at 

<https://berghahnbooks.com/blog/how-eurocentrism-coloniality-shaped-africa-2> accessed January 27th 2020. 
61 Oluyemisi Bamgbose, ‘Law and Justice’, in Toyin Falola and Akintunde Akinyemi (ed), Culture and Customs of the Yoruba, 

(Soith-Africa: Pan African University Press, 2016) 837  
62Ibid. 
63 (n58) 

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courts. A hierarchy of courts exists to take over issues that seem too large or too heavy for the informal courts. The courts 

were divided into three: first is the ilé ẹjọ ti baáléwhich was a court held within the family compound and headed by the Baálé 

who is the family head. Second is the Ilé ẹjọ ti ìjòyè, which was a court headed by the village chief. Third was Ilé ẹjọ ti ọba,this 

was basically the highest court in the hierarchy of courts, the Supreme Court of the community which is headed by the Ọ̀ba 

and made up of the royal court of the king.64 

 

Minor disputes and issues such as matters of theft, marital quarrels, inheritance, divorce, infidelity and other related matters 

are reviewed within the family; hence it is usually the family heads who sat on these issues.65 In other cases where there is no 

mutual understanding between the parties to the suit, the village court determines the issue. The village head is in charge of 

this court and such a person is knowledgeable about the traditions and customs of the people and who is known to have high 

moral standing and integrity.66 Age is an important factor in the selection of the village head, since as earlier stated; elders 

play an integral role in the justice system.67 Issues brought before the ‘lower courts’68 that is the family courts and village head 

courts, are tried with the family bond in mind. This implies that the dispensation of justice amongst the parties would have 

always been subject the family bond; Family comes first. Social justice and equality are also major features of the judgements 

granted in such courts.69These issues are usually determined quickly and usually without any bad blood between the parties.70  

These courts utilized a common-sense approach in the dispensation of justice, as opposed to a legalistic one that is applied 

more in contemporary times.71 The highest court at that time was the royal court, which was headed by the Ọ̀ba. The Ọ̀ba was 

a sovereign who fit into Austin’s description; in the habit of receiving obedience and was subject to no powers except the 

powers of the Orisa. The Ọ̀ba was the supreme head and his court was the court of last resort.72 Cases like rape, incest, murder, 

treason, arson and other grievous offences were tried in the King’s court. Issues that were of a mystical origin, witchcraft, 

misuse of magical charms and other spiritual offences were determined by the king’s court using the royal traditional cults to 

investigate.73 These traditional cults exist within the different Yorùbá tribes under different names, each name depending on 

what tribe it exists within. They also exercised both social and religious control over their communities, these cults include, 

the Ayélálá, the Ògbónì, theAgẹmọ, and the Orò cult.74 

 

The traditional Yorùbá society is structured. Individuals had a function. Thus, even within these traditional courts, there were 

personnel who performed different roles in the administration of justice. These include orderlies and emissaries who perform 

similar functions to that of contemporary court clerks.75 They passed on the information to parties and witnesses and ensure 

orderliness during the hearing of the case.76 Sanctions were also widely recognised in the traditional Yorùbá society as a tool 

of deterrence. Throughout the years, those who had violated the status quo and societal norms and values were disciplined in 

order to set them aright.77 Balogun emphasises the importance of punishment to the Yorùbá by stating that it is the mechanism 

for establishing collective morality within the Yorùbá society through the disapproval of improper manners and behaviours 

capable of the disruption of the social equilibrium and legal status quo.78Such sanctions utilised by these courts were dispensed 

by the officials and they include but are not limited to; banishment, slavery, public humiliation, caning and payment of fine.  

It is noteworthy that even though the legal system of the Yorùbá people differed from tribe to tribe, the factors being highlighted 

are generic features of the Legal systems of the Yorùbá.  

Legal Mechanisms in the Pre-Colonial Yorùbá Society 

 

Many African societies had properly set out rules of behaviour and the Yorùbá societies were no different. An examination of 

these legal systems would reveal that there is not much variance between the African Legal Systems and the contemporary 

legal systems. For instance, every tribe had a code, but not a code of detail, rather a code of general principle, a code that every 

judgement and decision must conform to. Such rules may specify the type of punishment deserved or may prescribe the 

procedure for penance or even marriage.79 Also, under Yorùbá legal system there is a strong reliance on the past decisions of 

the elders or ancestors. In fact it is from this past decisions that verses from the Ifá corpus are born and are made part of the 

legal system. This can be likened to what we now know as Judicial Precedents. 

 
64 Toyin Falola and G.O. Oguntomisin, The Military in Nineteenth Century Yoruba Politics (Ife: University of Ife Press 1984) 

19. 
65Ibid. 128 
66 Omoniyi Adewoye, The Judicial System in Southern Nigeria, (London: Longman Publishing Group, 1977)  
67ibid  
68 Lower courts here is used to refer to these courts that are more grass root than the others. Dealing only with issues that exist 

between family members and between families.  
69 (n58) 
70 ibid 
71ibid. 
72ibid. 
73 Olumide Lucas, The Religion of the Yoruba, (Lagos: CMS Bookshop press, 1948) 54. 
74 Oluwatosin Adeoti Akintan, Religious Tolerance and Peaceful Coexistence: The Case of Female Religious Cults 

Relationship in Ijebuland, Ogun State, Nigeria (2019) Available at 

<https://www.iiste.org/journal/indexphp/RHSS/article/viewfile/13261/13575> accessed January 28th 2020.  
75 (n58) 839.  
76ibid. 
77 (n58) 4. 
78 Oladele Abiodun Balogun, ‘A Philosophical Defence of Punishment in Traditional African Legal Culture: The Yoruba 

Example’ (2009) 38(1) The Journal of Pan African Studies 43. 
79 Harold Lambert, Kikuyu Social and Political Institutions (London: Routledge, 1956) 118. 

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The Legal Content of Ifá 

The legal content of the Ifá corpus is a field of study that is in-exhaustive in itself. The corpus is far too wide to even be 

considered in its entirety as some of it remains within the hearts of its practitioners or are lost with time. As a result of its 

vastness, some of the corpus has been broken down into easily understandable pieces found in other media such as the oriki 

(praise poems), proverbs, rituals and festivals. In addition to this, in juxtaposing modern contemporary law, it is noted that it 

is also a vast field of study. Consequently, because this study is an extensive undertaking, it will have to be limited by the legal 

subdivision given below.  

 

Ifá in Environmental Law 

In the Ifá corpus, the earth is believed to be an Òrìṣà, she is regarded as Ilẹ.80 Although there are no Odu in particular that 

speak of Ile, there are many verses.i.e. ẹṣẹ which speak of her. For instance Odù Ọsá Méjì goes thus:81 

‘Ọsá yòóò, 

Babaláwo ayé, 

Ló dífá fáyé; 

Wọn láyé ó fẹbọ ọlà á lẹ̀ 

Ẹbọ ajogun ní ó ṣe. 

Njẹ̀ àwá n bẹ. 

À n bẹ̀. 

Àwá mọ̀mọ̀ n bẹ láyé o 

Ayé ò níí parun.’ 

 

This verse translates into;82 

‘Ọsá, the brightly shinning one 

Ifá priest of Earth 

Performed Ifá divination for Earth; 

Earth was told to stop performing sacrifices intended to make her wealthy, 

But to perform instead sacrifices that would protect her against her against her 

enemies.  

We are certainly alive, 

And we are pleading 

That as long as we remain on Earth, 

Earth may never be destroyed’. 

 

A Yorùbá proverb says: ‘Ọmọ onílẹ̀ n té ẹ jéé jéé; Àjògì a tè è bàsù bàsù’ which loosely translates into ‘the child of the owner 

of a plot of land, walks gently atop the soil, whereas a visitor just runs rough on it’.83 The Odu verse warns the earth not to 

make sacrifices that will bring her riches but rather she should make sacrifices that will give her victory over her enemies. 

There are many who exploit the earth and her gifts .i.e. her natural resources; miners, excavators, oil drillers, large corporations 

that are responsible for poor refuse disposal and pollution these are who are considered enemies of the earth and her prosperity. 

The verse charts of the reality of global warming and what the believers should do in order to protect the earth. This is in 

tandem with the provisions of the Constitution84 which enumerates the environmental objectives of the government. This 

section charges the government with the duty to protect and improve the environment, protect the water, air, land, and forest. 

 

Ifá and Constitutionalism  

The term ‘constitutionalism’ is used to describe the idea that a government can and should have legal limits on its powers, and 

that its legitimacy and efficacy rests and depends on its ability to adhere to these legal restrictions.85According to the Yorùbá 

belief system, the process of state creation was commenced by Oduduwa. He is regarded as the architect of the modern 

representative system of government. This system in its primary form emphasised the importance of a monarch and his powers 

over the people.86 All these societies and political systems designed machineries which helped curtail and control the excesses 

of the kings and chiefs either publicly or in secret.87 In comparison to all other Kingdoms, the Ọ̀yò Empire established one of 

the most impressive systems of government. This governmental structure contained a check and balance system which allowed 

the organs of government to utilise their powers to their fullest potential but also stopped these powers from acting ultra vires.88 

These organs of government were;  

1. The Aláàfin, who was the paramount leader;  

2. The Ọ̀yò Mesi, which were more like a council of the state or advisors to the King; and 

 
80 She is also known as Ayé meaning life  
81 (n6) 66. 
82ibid.at 67 
83Ibid. 
84  Constitution of the Federal Republic of Nigeria of 1999 (as amended) Cap,C23 Laws of the Federation s. 20. 
85Will Waluchow, ‘Constitutionalism’, (2017), The Stanford Encyclopaedia of Philosophy, available at 

<https://plato.stanford.edu/entries/constitutionalism/> accessed 1st February 2020.  
86 Akin Alao, ‘Politics and Government’, Toyin Falola and Akintunde Akinyemi (ed.), Culture and Customs of the Yoruba  

(South Africa: Pan African University Press, 2016) 598. 
87ibid 599 
88ibid. 

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3. The Ògbónì, who bore responsibilities similar to the Judiciary. 

 

The Ẹ́ṣọ́, who were the army, acted as the executive in some way as they enforced the will of the arms of government as well 

as acting in their own capacity as the armed forces in charge of defending their community and their monarch.89 In juxtaposing 

this with Austin’s theory of the Sovereignty, Austin believed that the existence of an ultimate authority was a prominent feature 

of an independent state or political society. Whether that personality or sovereign is given a title such as king, or chief or 

anything else, is irrelevant as this mystique of sovereignty attaches to him an authentic source of respect for constituted 

authority. 90 

 

Ifá and Human Rights 

The core of law of human rights law is the protection of individual rights and the promotion of justice, equality and fairness 

amongst the citizenry of the world. There is a popular belief that African law is more concerned with the rights of the 

community, i.e. collective rights, as opposed to the rights of individuals.91 While it is mostly true that individual rights take a 

back seat to the rights of the collective, the importance of personhood and individuality in the Ifá tradition is emphasised.92 

The concept of Òrí,.i.e. the divinity of the head, is greatly emphasized in the Ifá corpus and consequently this emphasis 

adequately demonstrates the importance of personhood in the religion.  The Òrí of a person is the embodiment of his/her past, 

present, future, destiny, existence and essence. It translates loosely to pre-destination, destiny, fate or pre-ordination.93 

However although the Òrí means destiny, it is in constant flux and is subject to manipulation by the supernatural forces in 

man’s life, it is then up to man to take control of his life and focus himself on the fulfilment of his ambitions with the blessings 

of the Òrísá.94 The dedication of the entirety of chapter IV of the Nigerian Constitution to the enforcement of the Fundamental 

Human Rights can be regarded as the recognition of the importance of the person and the importance of preserving the person 

and his rights.95 The Ifá worship is usually characterized as a religion and religion for many years has been a tool for the 

subjugation of the female race. Religions such as Islam and Christianity have a history of oppression of women and their 

subjugation. 96 However, within the Ifá Traditional worship, the role of women is distinct, definitive and significant. Although 

the dominant role of worship is reserved for men, that is the role of Babalawo or Chief Priest of Ifá, the female role of Iyanifá, 

if properly understood, is one of spiritual significance and import with thorns. 97It is important to note that one of the first 

verses taught to a Babalawo is: Ifá ní yẹ́ fùnmì; Ẹ ma fùnmì lówó; Ti o ba fùnmì lówó o ma tàn.  This means: Give me Ifá; 

Don’t give me money; If you give me money, it will finish. This means that the compendium of knowledge of Ifá is sufficient 

for those who truly appreciate the corpus.  

 

The role of women in the worship may stem from their role in the wider Yorùbá culture and community. The greatest 

misconception about the Yorùbá society is that women are second class citizens and that men are the glorified heads of their 

households; ruling with iron fists and doing as they please.98 Fortunately, this image is not a true depiction of the dynamic in 

the relationship between a Yorùbá husband and his wife or wives. Women were empowered to be economically independent, 

engaging in crafts, farming, trading; taking care of themselves and their children.99 Thus, women held political posts and 

positions of spiritual relevance and why the Ògbónì could not have a functional meeting without the Èrélù being present.  

The importance of women is traced down to the beginning of creation. When human were sent down to the earth, Òṣún, the 

only woman out of two hundred men, was granted Àṣé (which is the power to establish things) by Òlódùmaré.  The other men 

decided to leave Òṣúnout of the work that they were doing. Consequently, everything they set up fell apart and their efforts 

were frustrated.100 When they made supplications to Òlódùmaréto help them, Òlódùmaré sent them back to Òṣún, stating that 

they had to appease her before they could succeed.101 When they appeased her and everything was set aright, they sang her 

praises saying: ‘A f’imo je t’Òṣún; Iye wa, a ba won pe l’imoAwa f’imo je t’Òṣún o’. This means that: ‘We give reverence to 

Òṣún; The Unseen mother ever present at every gathering; We give reverence to Òṣún’. As if to emphasise the significance of 

women in Ifá, The òlórì ìkín (the leading palm kernel used in divination) is a representation of Òṣún. Women of the Traditional 

Yorùbá society are capable of attaining high positions not just Iyaloja and Iyanifá but also Ọ̀ba, which indicates that the word 

‘Ọ̀ba’ is gender neutral meaning sovereign.102 The Ògbónì cult which served as the Judiciary of the traditional Yorùbá society 

was also subject to female powers as the cult could not hold meetings without the presence of the sole female member, the 

Èrélù.103 

 
89ibid. 
90 (n38) 63. 
91 Akinsola Akinwowo, Ajobi and Ajogbe: Variations on the Theme of Sociation, (Ibadan: Univerisity of Ife Press 1980) 11. 
92 (n38) 63. 
93 Rowland Abiodun, ‘Ifa Art Objects: An Interpretation Based on Oral Traditions’, in W. Abimbola (ed) Yoruba Oral 

Tradition, (Ibadan: Ibadan University Press, 1975) 422. 
94ibid. 
95Constitution of the Federal Republic of Nigeria 1999, s.34 
96 For instance, when St. Paul disallows women from speaking in church. Many ignorant minds hypothesize that the basis for 

this is that women gossip. Although it is absurd to think that gossiping is a gender trait, many others have begun to subscribe 

to this thoughtless notion and enforce it further in their temples, mosques, churches and other places of worship. 
97 (n38) 26. 
98ibid  
99 Ulli Beier and Rowland Abiodun, Conversations on Yoruba Culture, (Lagos: Iwalewa Books, 1991) 
100 (n38) 64 
101 I suppose this could be an African etymology of the phrase ‘behind every successful man is a woman’. 
102 (n38) 26. 
103 (n38) 63. 



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As mentioned above, Ifá pervades every aspect of the Yorùbá societal living from contract to marriage etc. In contract it is 

your word that binds you. In marriage, Ifá is ever present even in the name of wife that is known as ‘Iyawo’. It is from the 

words ‘Iya’ ‘iwo’ which means that you must suffer for your wife. It is from an Ifá verse which tells the Story of Ọ̀rúnmìlà 

who wanted to marry the daughter of Oluwo who had to suffer the hardship of sleeping on a mattress  

 

Critique of the Yorùbá Legal System 

Every legal system in the world has its own flaws and because law is a fluid and flexible concept, it most adapt to meet and 

suit the needs of the society in which it functions. As innovative as the Yorùbá legal system was, it possessed many flaws in 

which it had to evolve to surpass. Unfortunately colonialism stole the opportunity for self-development and growth. However, 

what this study will attempt to do is to analyse and critique the traditional legal system while comparing it to the contemporary 

English legal system. The most prominent and harshest critique that the traditional legal system has received over the years is 

of course that some of their practices were repugnant to natural justice and general criminal justice standards.104 The Nigerian 

customary legal systems have always been criticised for being against international human rights. Punishments such as slavery 

and public humiliation went against the basic human right to dignity of person.  The repugnancy test was developed to accord 

the court the ability to fine tune the customary law to meeting the changing social needs of the society.105 Cases such as Lewis 

v. Bankole106, Agbai v. Okogbue107 and Meribe v. Egwu108 are all illustrative of the customary laws ability to evolve to meet 

the new changes in the society.  Unfortunately the unwritten nature of customary law creates many issues in its enforcement. 

For instance, the provisions of S.36 (12) of the 1999 Constitution (as amended) which states that no individual can be convicted 

or even tried for offences not stipulated in any statute, thus rendering the criminal part of the Nigerian customary law 

unenforceable. Given the notion that it is largely unwritten and informal in nature, it operates with little regulation and in some 

cases outside the confines of a legal framework.109 The traditional legal systems lack procedural guidelines that ensure the 

rights of disputants. Given the lack of safeguards available for the protection of rights, many vulnerable groups suffer from 

exploitation.e.g. rape victims, domestic violence victims and children. These victims suffer from severe social, economic and 

mental strain as a result of the exploitation and judgement from the society at large.110  

 

Women are routinely discriminated against in relation to sexual rights, succession rights down right to the basic right to dignity 

of persons.111 They are utilised as objects and property for the payment of compensation to wounded parties without being 

compensated themselves for the pain they bear. Some sanctions even perpetuate the abuse of women by forcing them to get 

married to their abusers or rapists.  In addition to this is also the method of ascertainment of evidence. The Yorùbá justice 

system utilised bizarre and unorthodox means of obtaining evidence which violated human rights; methods such as trial by 

ordeal112 which has been outlawed by Section 207 of the Criminal Code Act.113 Practices such as black magic and witchcraft 

which defy laws of logic and modern scientific rationalism were used to collate evidence, hence the conclusions these methods 

came to were as unsound as the methods used.114 The compensatory nature of the Yorùbá legal system may deny disputants 

the rights to the remedies and may disparage the principles of equality before the law especially in cases where decisions are 

taken not based on the nature of the crime but rather on the gender and or social standing of the parties.115 It would seem that 

the critiques given to the Legal system are too harsh as no legal system was without its flaws. As law is a living thing and is 

in constant flux, it is meant to evolve and shape itself into a mechanism of social engineering. Thus, if we had been given the 

chance we would have evolved passed these flaws in the legal system. In the words of the great Benjamin Cardozo, law never 

is, but always will be.  

 

The subject matter of this study can be seen to permeate every aspect of societal living. This vast and nebulous concept which 

always seems to have the answers to every situation prompts the asking of the crucial question, ‘what really is Ifá?’ Many tend 

to view it in isolation as a religion, but it is so much more than that. It is a corpus of wisdom passed down from generation to 

generation. It is an oral culture which has endured all this while, with wisdom being passed to the next generation by words of 

mouth. Its presence in the Yorùbá Legal System is therefore not surprising to those who have a deeper understanding of what 

Ifá truly is.  It is a corpus, a compendium, a compilation of wisdom, of adages, proverbs, stories and situations all of which are 

 
104 Joshua Taiye Omidoyin, ‘The Customary Justice System and its Continuing Relevance in the Administration of Justice’, 

in Akin Ibidapo-Obe and Chiedozie Okoro (eds) Awise Agbaye: The Voice of the Oracles – Essays in Honour of Professor 

Ogunwande Abimbola at 85, (Concept Publications ltd 2017) 233. 
105 Joshua Taiye Omidoyin, ‘The Customary Justice System and its Continuing Relevance in the Administration of Justice’, 

in Akin Ibidapo-Obe and Chiedozie Okoro (eds) Awise Agbaye: The Voice of the Oracles – Essays in Honour of Professor 

Ogunwande Abimbola at 85, (Concept Publications ltd 2017) 233 
106 (1908) 1 NLR 81, 
107 (1991) 7 NWLR (Pt. 204) 391. 
108 (1976) 3 SC 23. 
109  (n104)  
110 (n104) 
111 (n104) 234 
112 D. Isser, S. Lubkenmann & S. N’Tow, Looking for Justice: Liberian Experiences with Perceptions of Local Justice Options. 

United States Institute of Peace. Peaceworks No. 63, 57-56, https://www.usip.org/files/resources/liberian_justicepw63.pdf., 

Accessed on January 29th 2020. 
113 Criminal Code Act, s.207. 
114 J. Widner, Courts and Democracy in Post-conflict Transitions: A Social Scientist’s Perspective on the African Case, (2001), 

95(1), American Journal of International Law. 64 
115 (n104) 234 

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relevant and can still be applied to the present day problems and challenges of man and womankind. It was relevant to its 

society then and is still relevant now as they are not as many deviations from the structure of legal systems within contemporary 

times.  It should be noted however, that Ifá is an oral culture and thus is subject to the manipulation and corruption of man as 

well as loss of certain parts either due to the forgetful nature of man and or the lack of willing descendants to pass this 

knowledge down to.  After the advent of the Europeans, euro-centrism crept into our societies, watering down our belief 

systems and de-constructing the structures that were established by our cultures. The Colonial masters managed to manipulate 

the African mind against its on cultures, creating the belief that our cultures were barbaric and primitive as opposed to their 

modern and elite culture. With the influx of other religions such as Christianity and Islam, the African Traditional religion 

became the opposing side to these Abrahamic faiths thereby becoming demonised by the very people who subscribed to it 

earlier.116 The Traditional leaders of today are also not without fault, by willingly embracing the cultures and religions of 

another and disregarding their own, they demonstrate to the people just how far the Europeans have penetrated deep in to the 

society. Today’s Traditional rulers are hybridized Nigerians who have learned to wield the European culture alongside the 

Nigerian culture with the European cultures as a sword and the Nigerian Culture as a shield to be called upon only when 

needed.  

 

4. Conclusion 

A general misconception about Ifá is that it is related only to spirituality, worship and religion. As a result of this widely held 

misconception, many try to dissociate Ifá from society and section it off as a religion. It is incorrect to do so however, as Ifá 

is a compendium of knowledge that permeates all aspects of the society. Ifá is not a religion it is a anthology of our history, 

laws and ways of life like our constitution. It is a record of all that has happened to us. And within this vast concept, is religion, 

science, law, technology, education even agriculture.  This article has established that Ifá is fundamental to the Yorùbá 

worldview and philosophy. Its active role in the lives of its subscribers, their society and their interpersonal relationship serve 

as evidence of its import to the Yorùbá people.  Its pervasiveness and fluidity allow it to penetrate the deepest recesses of the 

society from the naming and training of children, to how laws are implemented in the society. Unfortunately, the dawn of 

colonialism morphed the customs and traditions into the mock hybrid of cultures that are practised in contemporary times. 

Consequently, it is unclear as to whether the content of these cultures would have remained untouched without the interference 

of the imperialists.  What is clear, however, is that Ifá as a body of knowledge continues to be a meeting for the Yorùbá and 

its Diasporas. It is part of Spirit of the people. It must be re-iterated here that ‘Ṣaaju ki a to mọ̀ íbíti à nlo, a gbọdọ mọ̀ íbí ti a 

ti nbo’, which means that ‘before we know where we are going, we must know where we come from’. It should be noted that 

some of the problems identified by this study may be difficult to solve, however, for a nation to grow society must be 

deconstructed and reconstructed. It is to this effect that the following recommendations are made. There is need for a total and 

complete overhaul of the Nigerian legal system; The Nigerian Legal system is a tripartite system that consists of many legal 

rules and norms which are not relatable to the people who obey them. The inclusion of the English laws which even England 

has done away with in the Nigerian Legal system only further justifies our colonialists and places them on higher pedestal than 

our state. If Nigeria were to truly embrace her independence as a State, she would have to disregard the English laws and work 

on recognising the value within the state rather than ripping off the customary laws and rules of a country which is largely 

different from ours. Not only that, but the Nigerian government must also stop the implementation of rules and statutes that 

deliberately attack its customs and traditions. Laws that outlaw certain practices which are not repugnant to natural justice, 

good conscience and equity are grossly unfair and impracticable. Again, a codification of the customs and traditions of the 

people in Nigeria is necessary. This may seem unorthodox and unrealistic given that Nigeria is a vast state with as many as 

400 ethnic groups. However, the codification of these customs and traditions of these people would not only ensure the 

inclusion of all Nigerians in its implementation but would also make such customs available for scrutiny and amendment. Its 

codification may also allow for its criminal aspect to be applied by the Nigerian courts who have set aside customs through 

the use of Section 36(12) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2011). Asides from the 

fact that its codification would ensure inclusion, it would also encourage the Nigerian people to be more involved in the 

legislative process as it is their customs and traditions. This recommendation may encounter problems due to the fact that the 

attempting to codify rules that have been oral for so long may actually lead to disharmony within the law itself. 

 

 

 

 
116 Rev Samuel Johnson and Samuel Ajayi Crowder are just two examples of the effects of Christianity on the African 

Traditional Religion. Crowder’s use of Esu to describe Satan in the bible has had long lasting effects on the Yorùbá religious 

psyche which may never truly heal. However, the true nature of Esu has already been discussed in previous chapters. 


