The authority of the Oba(king) in Yorubaland is paramount. Prior to the arrival of the British and colonisation of Yorubaland that forms the south western part of Nigeria, the Oba weilded a lot of authority and influence. He was next to the gods. He was always greeted with the expression "Kabiyesi Alase Ekeji Orisa", that is, a person or an institution whose authority and power could not be questioned and who is next to the gods. He was the embodiment of the culture of his people and the judicial and administrative head of the traditional authority of the society over which he headed. The appellation "Kabiyesi"expressed the enormity of his power and the awe and aura which went with the power. This expression could be likened to the jurisprudential analysis of the positivist school of jurisprudence that looks at the source of power as the sovereign whose power should be illimitable, indivisible and subject to no other authority. The validity of the power is determined by reference to its being traced to the sovereign. This was the Yoruba idea of Kabiyesi. Although colonialism, introduction of western values and modern idea of government have combined to reduce his power and influence, he is still regarded as Kabiyesi in his domain. He is still the repository of the customary law of his people and he presides over customary courts. This paper shall discuss the nexus between the Yoruba idea of Kabiyesi and the jurisprudential idea of the sovereign as ennunciated by the positivist school of jurisprudence.

Further Reading: J.A.Yakubu, Who Gives the Law? Determining the Jurisprudential Question. (43 Pages)