In addition, I intend to interview high-ranking Beninese chiefs, academics and historians to gather information on the traditions of pre-colonial Benin. For example, Mr. Daniel Inneh, retired Secretary of State and currently a member of Benin`s Customary Committee for Alternative Dispute Resolution (BCADRC), agreed to be interviewed. Some legal commentators point out that despite relatively recent changes to Ghana`s constitution and its general legal systems, the influence of the British colonial order persists in the current constitution, as evidenced by the subordination of customary law – “the rules of law that are usually applicable to certain communities in Ghana” – to other sources of law. Customary courts have jurisdiction over matters such as marriage, divorce, custody and guardianship. For example, a customary court may set alimony and other matrimonial benefits. The fifty-six sovereign states of Africa are widespread in their history and structure, and their laws are defined differently by common law, religious law, customary law, Western civil law, other legal traditions and their combinations. [1] Recently, there has been a major controversy in Zimbabwe over the alleged purchase of British horsehair wigs for Zimbabwean judges. Given the financial difficulties faced by ordinary Zimbabweans, it is not surprising that the problem manifests itself in a broader debate about the government`s mismanagement of finances and its failure to provide adequate legal services to ordinary citizens. This system existed and became even more complete after British rule over the entire Gold Coast territory at the turn of the 20th century. It was consolidated in the nineteenth century. The British metropolis introduced the 1925 constitution, which allowed it to rule Ghanaians legally and control the colony`s financial interests, including Ghana`s vast gold and cocoa deposits, which quickly became a global cash crop during this period.

Despite the British introduction of new constitutions in 1946 and 1954 to appease Ghanaians by granting them certain legislative powers, the metropolis retained full power over the legal systems, police and defence system, and foreign affairs of the colony. Derived from Roman traditions, European legal systems were characterized by the goal of expanding an empire and regulating citizens through the inquisitorial system. [39] In court, this system requires the judge to be actively involved in resolving legal issues by gathering evidence and testifying in order to reach an informed conclusion on the truth. [40] In comparison, the introduction of the common law by the British colonizers used the idea of protecting the individual rights of the state through an adversarial judicial system. [41] Formal hearings take place in the presence of a jury and a judge, but unlike the inquisitorial system, common law courts require only that the judge monitor opposing positions on the case and make an informed decision on the evidence presented to him or her in court. [42] Until 1993, Ghana used magistrates and circuit courts established by Britain to administer its judicial system. With the Courts Act of 1993, Ghana finally established regional, district and municipal courts, which replaced the courts established by Great Britain and were placed under the jurisdiction of the judicial service headed by the Chief Justice of Ghana. [2] Osadolor, O. B. (2001). The military system of the Kingdom of Benin, circa 1440-1897.

Eine Dissertation an der Universität Hamburg. However, the application of customary law varies greatly from country to country, and this is based on human rights conditions and conflicts with Western laws. For example, Kenya abolished its usual criminal laws and retained only marital offences,[28] due to inconsistencies with the British common law system. [29] Nevertheless, Kenya is adept at codifying the laws of different tribes and local communities, not to incorporate them into its current legal system, but to allow for the possibility of translating cultural customs into a more contemporary form. [30] Like other former British African colonies, Ghana has a pluralistic legal system that includes British common law, customary law, and religious law. The current Ghanaian Constitution, promulgated in 1992, explicitly states that “the common law of Ghana includes the rules of law commonly known as the common law, the rules commonly known as the doctrines of equity, and the rules of customary law, including those established by the Superior Court of Justice.” Contrary to the ethnocentric view that pre-colonial Africa had no form of government, “African societies have always had a form of government of their own, functioning in accordance with their traditions and belief systems.” [1] This article postulates that the Kingdom of Benin had an effective legal system in pre-colonial times. This article is one of the first to focus on the existing legal system in the pre-colonial Kingdom of Benin. This article argues that the legal system of the pre-colonial Kingdom of Benin has developed concepts similar to governance, rule of law, checks and balances, the judicial system, and the binding nature of traditional judgments. This article draws on the use of oral traditions through interviews from traditional sources, archival documents, books and articles. Thus, “the oral traditions of Benin are considered a good criterion of knowledge, especially since they reflect the identity and knowledge of the Beninese people and also serve as their collective memory”.

[2] This chapter examines the evolution of criminal law and material, procedural and relevant institutions on the African continent from antiquity to the present day. It shows the existence of a well-connected and contextual criminal justice system across Africa, which was then infused with elements of Islamic law to meet the needs of the newly converted population. The main feature of pre-colonial African criminal law is its habitual, unwritten nature, which emphasizes community service rather than individual activities. The imprisonment and sentence were unknown and efforts were made to compensate the victim, whose role was at the heart of the trial.