Qualitative Study on Forgiveness in Adversarial and Yoruba Traditional Judicial Systems; An Appraisal from Selected Yorùbá Written Plays

Abstract

Many factors differentiate the adversarial judicial system from its Yoruba traditional counterpart. This study gives readers a clear understanding of forgiveness and punishment as major components for engendering justice, social peace and reconciliation in Yoruba traditional justice administration. While on the other hand, argues that the adversarial justice has no room for forgiveness and reconciliation but awards penalties as means of retribution, deterrence, which often does not heal the wound occasioned by conflict. The thrust of the essay is that the general mindset of justice in Yoruba tradition engenders peaceful and harmonious settlement of conflicts unlike adversarial justice which leaves no room for reconciliation. The essay adopts Restorative Justice Theory in conjunction with data from Yoruba drama texts; Atari Ajanaku, Ogun Lakaaye and Ebi taa ni? The paper therefore concludes that, it is not in all situations that punishment related judgment serves the purpose of healing the wound, but the combination of the spirit of punishment and mercy foster unity. Therefore, suggests incorporating mercy and forgiveness in its dispute resolution mechanism.