Influence of traditional leaders on criminal justice of gender based violence in Africa: a case of Nigeria and Ghana.

Abstract

In Makoko slum area of Lagos State, Nigeria, a rape victim seeks justice by reporting to the head of the clan who ensures that the offender is identified and approached. Being an enclosed society where every member is well known, identifying an offender is easy but the community is structured in a way that every member of the community is shielded from formal prosecution by the government as required by law. In this case, a rape offender is publicly whipped and made to apologize to the victim and the community. The offender is thereafter made to go through counselling sessions with humanitarian organizations in the community. This presentation examines traditional justice system of Gender Based Violence (GBV) across Nigeria. These approaches are compared with the traditional justice approach to gender based offences in Ghana, being a West African country. The effectiveness of these approaches in identifying and punishing offenders as well as ensuring justice and closure for victims are compared with the statutory formal methods of prosecuting GBV offenders and protection of victims. Suggestions for reforms to accommodate the traditional system of criminal justice in the legal framework of criminal justice of GBV in Nigeria and Ghana are made.