Peacebuilding and the Interface of State Law and Indigenous Market Laws in Southern Nigeria

Abstract

In what ways do the interface of state law and indigenous market laws contribute to peacebuilding in Nigeria? This unexplored question demands attention for two main reasons. Firstly, law, human security, and peace are interrelated because law cannot be explained outside of the cultural ideas and norms that inform human behaviour. Two, the co-existence of normative orders in Africa favours a top-down approach that inadequately acknowledges indigenous law, neglects its surrounding economic, cultural, and religious influences, and thereby affects human security. Based on key informant interviews and direct, non-participant observation of markets in southern Nigeria, this article examines the interface of state law and indigenous market laws in Nigeria. It finds that although indigenous market laws are much altered, their foundational values inform market union constitutions, bye-laws, and dispute resolution mechanisms. Union officials draft these laws with the assistance of Western-trained legal practitioners and apply them in close cooperation with state organs, who recognise market tribunals as quasi-judicial bodies. Given the clear interface of state law and market laws, the article urges policy attention on the manner people adapt indigenous laws to socio-economic changes in social fields.