COMMUNAL JUSTICE IN IGBO LAND: AN APPRAISAL
INTRODUCTION
There is in every society or community a conscious effort to maintain peace, and preserve mutual respect of individual’s goods, rights, and properties through gradual inculcation of rationally derived principles, ethical norms and trends. In the main, these principles seem to be borne out of the day-to-day experiences arising from human encounter and interactions. Often they are formulated in succinct formulas to instill discipline, and promote mutual relationship among the individuals in the society. In other words, both the ethical norms and principles are the fruits of man’s daily reflections concerning what is conducive for human welfare. They are veritable instruments at the service of the society as a whole. Since man is at the centre of every community, traditional or modern, he is ipso facto, an undeniable formulator of moral principles and norms. He uses his welfare, and a sense of common good as a moral standard of justice. In other words, whatever promotes the common good, and individuals’ welfare is considered “good” and “just”, and whatever does not, is seen as evil. It is from this perspective that this paper seeks to demonstrate, articulate and appraise the Igbo concept of justice (Ofo), which is more or less a communal justice. The interest of this write-up is limited on the idea of justice practice in the Igbo land and it efficacy before the advent of colonialism, which will be introduced with a definition of terms. It will further attempt to analyze the impact of colonialism (civilization) on this communal justice and proffer solutions where necessary. At the end, the aim of the paper is to appraise the communal justice practiced in Igbo land, which in the past helped our ancestors and forefathers to maintain peace and order in the community.

DEFINITION OF TERMS The objective of this definition of terms is to give a focus to the subject matter so as to enable people understand the writer’s perspective and set everyone on the same plat form. In this regard, there are three concepts that will be defined. First is the Igbo as a people with regards to their geographical location and distinguishing characteristics. The second is communal justice understood in the light of community living. Finally, justice from general understanding of the term will be considered before applying it to communal justice.
The Igbo People Igbo people occupy a vast area of land on the bank of the Niger, or else on “the East of the River Niger” (Arinze, 1970:1). The area covers first of all, the whole of Anambra and Enugu states, Imo and Abia states. It embraces also some parts of Cross River state, Rivers state and Ebonyi state. The Igbo could still be found on the old Asaba and Aboh divisions. Today, the Igbo are more than 9.2 million people according to Nigeria Year Book (1979:22), some of whom are scattered throughout the cosmopolitan cities of Nigeria, and even beyond. Hence, they are seen as one of the largest tribes in African and one of the three largest ethnic groups in Nigeria. The spoken language is Igbo with different dialects. Regardless of their diverse areas of habitation, as well as varied dialects, the Igbo are seen as one unified people, hence there is unity in diversity. The main distinguishing characteristic of the Igbo is there language “Igbo” which bears their name as well. The meaning of the world “Igbo” seems to be problematic to scholars. According to W. B. Baikie in G.T. Basden (1966:35), the word “Igbo” is applied to villages East and West of the Niger, because of their perceived common language. Thus, the language was used to give the name. Other distinguishing characteristics of the people includes; hard work/industrious, community living, and tradition.
Communal Living Communal life implies living together for the good of all. It involves sharing of properties together, settlement of dispute as a community and the welfare of all community members which are all submerged into justice for all. The implication of this is that everyone has a responsibility towards the community and the community as a body, has a responsibility towards everybody; communal responsibility. In the context of this communal living, justice stands out to be the binding force, in the sense that for peace and unity to exist, there must be equity and fairness, there must be justice.
Concept of Justice Traditionally, justice is defined as “the right to give everyone his/her due” (Paul Edward, 1987:298). This pre-supposes the existence of such “dues” for everyone, in the light of the disposition to refrain from gaining some advantage for oneself by seizing what belongs to another. This is not quite different from Hornby’s (1998:645) view of justice as “right and fair behaviour or treatment,” and for Mill (1910:46), it is a right residing in an individual. From the foregoing, justice clearly implies individual’s right to that which belongs to him/her. When applied to community living, that is communal justice, it means that justice could better be attained or achieved both for the privileged and the less privileged, in other words, communal justice brings everybody together irrespective of class, assuring that everyone gets his/her right. Hence, it is the pre-existing standards of right and wrong, proper and improper within the community. It could be viewed from two perspectives. First is justice as distributive, where the emphasis is on just distribution of benefits and burdens. The second is justice as retributive, the aim of which is to balance an injustice by ratifying the situation, or by regaining the equality that the injustice overturned (Blackburn 1996:203). In Igbo, the closest translation of justice is “Ofo” and it is at the centre of Igbo moral norms. Thus the expression “o ji Ofo ga-ana,” (he who abides in justice will be victorious).
JUSTICE IN IGBO CULTURE There has existed the naïve assumption that until the unsolicited advent of colonialism, the so-called “noble and savage” tribes had no legal system worthy of attention. The Igbo people were not exempted from this assumption. Justice itself cannot be realized outside a system of law and its institutions. As a system of law, it is a vital aspect of man’s culture and social existence; embodying collective will of the community and binding the members of that community in a unity of purpose. In all of these, the exercise of reason is essential and indispensable. In the face of the colonial and neo-colonial assumption of the non-existence of law, the evidence on the ground suggests something totally different. If anything, that evidenced shows that the assumption was an essential part of the ideology of colonialism and an important psychological armour which, in conjunction with the Bible and gun-powder, helped to bring about the physical, political, economic, and mental domination of non-Europeans. In what follows, an attempt is made to elucidate the logical features of some fundamental concepts and phrases related to justice, dispute settlement, and the organization of life and work in Igbo communities; otherwise, the Igbo communal expressions of justice.

IGBO COMMUNAL EXPRESSIONS OF JUSTICE In historical retrospective approach, justice in Igbo land has distinctive features from western expressions of justice. It is not determined, just in one level of relationships as “giving to everyone what is their due.” In other words, it does not focus exclusively on relating to man and man, but also with man and the entire realities, material and spiritual. It encompasses a whole pattern of relationship with all that is, including man and man, man and nature (the cosmos), as well as with man and God. Consequently, justice derived from this relation seems basically elementary and dynamic, according man the status of being: “a person, a human being, and responsible.” The basic idea of Ndi Igbo about justice is that its duties demands to be carried out in the communal settings and “it presupposes the interplay of the community and the individuals. (Ekei 2007:180).” In essence, the Igbo, in their historical past, cherish community as an entity with its duties and obligations. The question of Justice comes when these responsibilities are not met. The community which is at the base and has priority over individuals has its various degrees of obligations meant for the survival, the flourishing and the welfare of its members. The individuals, on the other hand, have the obligation to accept, to care and to have concern for the community. This creates a moral relationship between the community and individuals, and among the individuals themselves. It is a relationship between the “whole,” and its “parts” and between the “parts” as individual entities. Amidst this relationship, there is an expectation in justice based on the principle of “I-am” because “we-are” and since “we-are,” therefore “I-am:” Hence, the Igbo proverb “Igwe-bu-ike.” From the aforementioned, it is obvious that in retrospect, the Igbo idea of justice is situated in the context of the communal living and its associating responsibility such that when an individual commits a crime, it is a crime against the community and the process of trial and ramifications are done by the community. Consequently, justice arising from this basic communal relationship in Igbo land is better articulated under these four existential moments:
 Justice-as-co-existence
 Justice-as-acceptance
 Justice-as-care
 Justice-as-concern
1. Justice-As-Co-existence (Ibiko-n’otu) It is one thing to live in the community but to “co-exist” is another thing. Co-existence for the Igbo implies not just living in the community but participating actively in its life, and activities. According to Nze (1989:7), “man is not truly man than where he lives, and acts as a recognize citizen of the community.” Hence, ‘I am because we are; and since we are, I am.’ Co-existence understood as the fact of belongingness gives the Igbo person the grounds for just claims, for complaints against interference, for denial of attention, of rights, of marginalization, especially in communal settings. In other words, within the communal setting of Igbo people, “co-existence/belongingness” serves as a moral standard of judgment. It offers itself as a veritable instrument for value judgments, for moral evaluations and decision. Within a communal set up where it serves as justice, co-existence often constitutes the yardstick for the assertion of right as opposed to wrong, good as opposed to bad, proper as opposed to improper, just as opposed to unjust. It is in the same way, a basis of claims, of settling of disputes, of self affirmation, and actualization, above all, it is the basis of moral justice.
2. Justice-As-Acceptance (I-nabata-olu) Justice-as-co-existence, in Igbo communal setting as we saw above is a source of self assertion, self affirmation, and more importantly, a source of just claims for the individual and for the community. However, all these rights are possible only if all the parties to the contract, especially the individual, willing agree to perform their moral and contractual obligations. For instance, giving to everyone what is his right is founded on commutative justice, but is only tenable when the parties involved accept to be obliged. Sharing with the less privileged out of moral justice will always remain an illusion expect the privileged members are willing to accept this moral option. So, acceptance is fundamental to communal justice in Igbo land. It implies some degree of readiness voluntarily to act desirably. In its natural tendency, acceptance goes for its own choice. In other words, one tends to choose and to consent, to what will benefit oneself. When this natural tendency is supplemented by the positive disposition to accept the interests of others on a par with one’s own, then one is said to possess the virtue of justice. It is under this disposition that a person can rightly talk of moral justice, or sharing of resources with man as such, especially with the less privileged. It is therefore, fundamental to Igbo communal justice understood from the angle of distributive justice.
3. Justice-As-Care (N-chekwa) This is yet another feature of Igbo expressions of communal justice. In fact, it is an integral part of moral justice. For it is one thing to accept the communal forms of life, and quite a different thing to care, and to continue to maintain their observances. While “acceptance” (I-nabata-olu) pertains to the positive disposition of the will of the moral agent, “care” (I-chekwa) concerns the actual performance of the obligations. It is no longer on the cognitive and volitive realms, but on the practical realm. Thus, in caring, the traditional Igbo organize themselves to wrestle with the problems which ordinarily are beyond individual capacities. Analogically, there is a collective effort in building (mud) houses, and in erecting thatches upon them. Such collective ventures spread in other departments of their life as constructing pathways, building bridges, and clearing farm lands and market places. The idea is that without efforts of the individuals, through co-existence, co-operation and caring, human life is likely to be highly precarious. Thus, it is an activity that tends to promote the human survival and flourishing on the communal setting. It is a combat against human predicament such as limitation, scarcity, powerlessness, contingencies, and to dissuade the ugly tendencies of evil, arising from human ambivalence. Therefore, justice-as-care involves two dimensional outlooks for the Igbo; the promotional and the protective. The promotional ‘enjoins,’ the protective ‘proscribes’- all for the good of the individuals, and the community.
4. Justice-As-Concern (I-chepulu) Justice-as-concern is chiefly directed towards the least advantaged members of the community. It has as its focal point the unfortunate members of the community, including the physically, and mentally handicapped; the poor (ogbe-enye), the destitute (ubiam), the indigents (ogbenye mkpaku). The literal meaning of the term “Ogbe-enye” means the community sustains, the community gives. Thus, Justice-as-concern aims principally towards the less advantaged. This is because concern has a particularity not possessed by care. Concern has to do with sympathy, with fairness given exclusively to the marginalized segments of the community. Justice-as-concern seems to highlight virtually all Igbo communal existence. Its expressions seem to vary with the circumstances of need. The ethical import of this phenomenon is evaluated with the moral standard of using concerted effort to wrestle with human limitations. Death, for instance, brings a certain limitations to life and an “extraordinary” phenomenon of lack to the bereaved. Being in greater need, they become the target of communal and individual concern, or justice-as-concern. Similarly, celebrating, traveling and festivities bring a greater need to rejoice with the celebrants and exchange best wishes to the travelers. Thus, they are the focus of individual and communal concerns, as the case may be. Rite of birth, rite of death, and greetings are all existential moments of manifestation of justice-as-concern in the Igbo land. In summary, these four articulated moments are the operative words when you talk of justice in Igbo land. They form the bases for the peaceful co-existence, settling of disputes and sharing of communal goods or property in the community. The extent one participates or manifests these towards others determines how the community will regard the person and how fast the community will be to the person’s rescue when in need.
LIMITATIONS OF COMMUNAL JUSTICE IN IGBO LAND By many standards, this system of justice promotes a society where as a result of mutual caring and sharing, the individual can hardly “worry about what will happen to him tomorrow”, using the words of Nyerere (1968:3), “not-to-worry” as a result of communal insurance seems to be on a par with “not-to-think, not-to-be-constructive or not-to-improvise,” especially for the future: It tantamount to a child-like dependence on the parents. From this perspective, it seems that communal justice in Igbo land may be less favourable to individual’s creativity, and independent self-improvement. If that is the case, a certain denial of justice is implied, since it robs man of the resources and skills which his situations demand. By its very nature and logic, it seems to favour anti-competitive spirit and negates, to an extent, private ownership of property and pursuits. According to Nwala (1985:195), “it tailors along the line of free labour, and collective ownership and control as well as absence of profit orientation.” Another perceived limitation of communal traditional justice is its value attachments, and reference to tradition (Omenala), myth, and taboos (Nso). There exists in some area, a deification of some economic resources, or their association with taboos. This trend, Nwala (Ibid:184) avers, is “the weakness of all economies; …which resort to myths to explain social and natural realities.” In the final analysis, the practical application of communal justice seems to obtain more in a close-society system where people live together, as was the case in pre-colonialism, than in an open heterogeneous societal system with its dispersed populations.
INFLUENCE OF CIVILAIZTION ON IGBO COMMUNAL JUSTICE The idea of communal justice is no longer as forceful as it is found in traditional settings. However, that is not to say that it is completely dead. Instead, it finds expressions, and new forms in urban cities through the Village and Town Unions, Urban Social Clubs, Improvement Unions, Basic Human Communities and what have you. All these are as a result of the western colonialism. In as much as these organs of expressions vary in their nomenclatures, their mission goals seem generally the same, namely to co-operate in solving the problem of human limitations, powerlessness, contingencies and ambivalence. These are in line with the basic ethical principles highlighted before as underlining Igbo communal justice. Notwithstanding this civilized manifestation of communal justice, there are some areas where western civilization has affected the Igbo communal justice. The first on the list is that the western concept of individuated things existing in themselves, isolated from others has to a larger extent harmed the Igbo expression of justice-as-co-existence. Presently, people are generally more concerned with their immediate nuclear family. Most people in urban cities hardly ask about their next door neigbhour. Everyone wakes up in the morning hurrying to their business and no more time for that spirit of co-existence, marked by moonlight play in the traditional communal setting. The best one can get now, in this regard, is the various villages union and social club in the cities trying to uphold the spirit. Furthermore, with the modern or civilized system of obtaining justice through court action, most people are reluctant to bring issues before the community leaders. They are at home going to the court where the possibility of thwarting justice to their favour is high. The spirit of acceptance, of giving everyone what is his/her right is seriously threatened with this trend. It is gradually disappearing as people are becoming selfish and wants to keep everything to themselves. The western enlightenment have actually positioned people’s mind towards acquisition of wealth, and with the increasing social vices in the civilized society, people are afraid to perform their obligations as we discussed under justice-as-care. Hardly, if at all, would one hear of collective efforts in building houses and carrying out other community’s work. Instead, people would look up to the so-called governments introduced by colonialism to do these. At most, those who are buoyant would give money, while only the few elderly ones in the village bear the pain. The area of concern for the less privilege is of no doubt suffering in the present system of justice. Regardless of the numerous NGO’s (Non-Governmental Organization) and Charitable Organization, there are still people who are oppressed in a system that claims to protect them. In court, they are, most of the time, the guilty, there is little or no collective effort made towards helping them. The present social conditions have done more harm to the less privileged than good. For instance, with present court system, it is easy for one party to file for divorce in marriage. But in the traditional communal system, even the husband who is the head cannot push his wife away without the consent of the kindred. On the other hand, with Christianity being the most effective agent of westernization, most of the deified economic resources are phasing out and people are openly attacking them. In actual fact, urban migration and modernization have evidently brought a change in the living conditions of the modern Igbo man. “People seem to abandon their village traditional mode of living in close-clusters for an urban township-open-society,” (Ilogu 1974:118), in search of better means of livelihood. Nevertheless, there is still this lingering spirit to maintain the traditional status quo in the various village and town unions, social clubs and basic human community, which as it stands are the modern manifestation of Igbo concept of communal justice.
EVALUATION AND CONCLUSION At the root of Igbo communal justice, in terms of co-existence, acceptance, care, and concern, is the consideration that limitation is one man’s turn today, and another’s tomorrow. Hence, their concern is on how to alleviate these problems. Its four basic manifestation, as we saw, are clear way of tackling these problems of limitation. There is then no doubt that its application will boost the human living standard in the present civilized society. One may, at this point, wonder the possibility of this application in the present society noting the damage colonialism had done. However, with the little manifestation or surviving spirit in various village and town unions, social clubs and improvement unions, we can built on it and revitalized that which is dying. This communal justice obviously worked for our ancestor and forefathers to maintain peace and progress in the community. It further gave them good sense of security since everyone is his brother’s keeper. Hence, going back to it would not be a waste of time. “Going back to it” should not be misunderstood as abandoning all the good things of civilization. Instead, it should be understood in the light of looking back to antiquity, taking up those good values of co-existence, acceptance, care and concern and harnessing them to fit-in into the present day demands and challenges of a modern Igbo man.

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