M.O. Adediran
Obafemi Awolowo University





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The Administrative Process and the Rule of Law in Pre-Colonial Yorubaland

Yorubaland had a well-established administrative system before the advent of the Europeans that colonized and subsequently supplanted their system in the region in the latter part of the 19th Century. Though the system looked rudimentary, compared with today's administrative process, it worked effectively. After all, the modern government all over the world started rudimentarily. The Oyo Kingdom, which for a long period of history served as the political head of the Yoruba, typified the Yoruba race with its administrative process, which was replicated by the latter breakaway sub-Yoruba kingdoms of Egba, Ijesa, Ekiti and so on. At the apex of the pyramid was the Oba (king or paramount ruler) followed by his Council which was a collection of traditional chiefs representing the major traditional sections of the city. At the bottom of the ladder was the 'Ilu' (the people) which was called upon to take active part during emergency or in peace time to execute specified projects. The pre-colonial administrative process involved the youth and the elders, male and female, in the running of government, each with its own peculiar tasks. Though, not as well defined as of today but recognized by their roles, the three organs of government - executive, legislative and judicial - existed. The Oba was the chief executive, with his executive powers which were wielded without restrictions. These powers were exercisable through his messengers and palace officials. The Council (Igbimo) served as the legislative organ with the Oba, as the head. Traditions and customs were kept and reinvigorated by the legislature. This body also had power to lay down new rules which could emerge following

consultation with "Ifa" oracle. The Oba and the Council together also formed the judiciary where cases were adjudicated upon. The Oba was the final court of Appeal. In the pre-colonial times, this was the practice prevalent in Yoruba towns and villages. The ultimate administrative, legislative and judicial powers lay with the paramount Oba, then the Alaafin. The government was monarchical in nature. The Yoruba kingdom was defended by an army which consisted of trained hunters, who were hurriedly assembled and grouped under commanders to defend the kingdom. The role of the "'ifa" priests cannot be underestimated, since they determined the course of war through their consultation with Orunmila. The internal security was maintained by the palace messengers (ilari). Before the advent of Europeans, rule of law was established in the belief that the elders, traditions and customs must be obeyed as laid down by the ancestors, who could punish non-conformists. Failure to follow traditions could be suicidal as witnessed in Ijaye war and the revolt of Afonja. The administrative process - executive and legislative - must follow the rule of law as determined by customs and traditions. It was in the judicial process that rule of law was highly noticeable. All the modern rules of fairness were to be obeyed in judicial matters. Proverbs served as vehicles for the realization of these. The elders constituted the judiciary because of their wealth of experience in the custom and tradition and as representatives of the ancestors. Thus, there existed a perfect administrative process and rule of law in the pre-colonial Yorubaland.