In a compelling and authoritative inaugural lecture, Prof. Mary-Ann Ajayi of the Faculty of Law, Bowen University elucidates on ways to make customary laws in Africa conform to contemporary human rights practices
Decades after the colonial masters winded up their administrative grip on the African continent, the impacts of their centuries of direct involvement in running of the political, economic and social lives of the people still loom large.
While the introduction of western education has helped improve the quality of life and standard of living in many African societies, the attempt by the colonial masters to subtly impose their own culture and belief systems on the conquered territories failed to record similar success as the indigenous people seem unwilling to completely jettison their long-held ways of life.
The 1,500-capacity hall of Bowen University, Iwo, Osun State played host to the presentation of outcome of such efforts when Prof. Ajayi presented the 22nd inaugural lecture of the university to an august audience drawn from the academic, legal, religious, traditional and policy-making spheres.
Except for intermittent applause, the professor of law held her audience literally captive as she presented her well-researched and extensive lecture titled: “The paradox of customary law and human rights in Africa: Exploring the tensions, complementarities and opportunities for reform”. Themed around the tension between tradition and rights, the need for systemic reform of various customary laws, and the call for introspection within advocacy movements, the lecture sought a balanced approach that respects cultural traditions while ensuring compliance with human rights principles.
While conceding that some aspects of African customary laws need fine-tuning to remain consistent with the realities of today’s human rights legislation, the scholar frowned at the widespread efforts to demonize the set of rules, insisting that they are neither archaic nor fetish as being misrepresented in some quarters.
The emotive issue of gender marginalisation featured prominently in the research. While the lecturer admit that some aspects of customary laws appeared skewed against the interest of women, she advised that before sweeping condemnation of such laws, the society needs to consider the wisdom and philosophy behind them. “For example, look at the Benin customary law that says the eldest son has the right to inherit the father’s property. If you look at it some human rights activists will say what about the daughters, why are you leaving aside the daughters? But the underpinnings behind that law are not to exclude the daughters. It’s because there should be continuity. The son has to step into the role the father used to occupy and then take care of not just the assets but the liabilities as well.”
Apart from calling for extensive engagement among stakeholders, Prof Ajayi also made far-reaching suggestions to ensure that the desired success of the strategic review reasonably achieved. These include promoting education and public awareness, legal and judicial reforms, empowering vulnerable groups, enhancing access to justice among others.
The lecture serves as both a roadmap and a rallying cry for a more just society. By bridging the divide between tradition and human rights, her recommendations aim to foster inclusivity, equity, and accountability at all levels of society.
In his remark, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, noted that he was relieved that the lecturer acknowledged the efforts of the judiciary in protecting the rights of the vulnerable in the country. According to him, in order to ensure that all rights are respected, every individual with the system must play his roles as expected.
He informed that President Bola Tinubu is making frantic efforts to ensure that all interests are well represented in scheme of things in the country. He noted that the president gave prominent role to women appointed to serve in his government so that they are not marginalised.
The Vice Chancellor of the university, Prof. Jonathan Babalola praised the lecturer for doing justice to the topic. According to him, due to the high potentials of scholarly undertakings in enhancing the quality of government policies, the university always deposits copies of their inaugural lectures at the National Library for easy access for decision makers. He added that the university also organises periodic public engagements where they interface with stakeholders from different sectors of the nation’s life for ideas on areas that need academic interventions.
An elated husband of the lecturer, Oloye Seun Ajayi was full of gratitude to God for making the day a reality, especially as it came a day after the celebration of the twentieth year of their union. He recalled how challenging the journey was giving the busy nature of their respective jobs. He, however, admits that the fact that they are both lawyers and share passion for issues around customary law helped the journey.