Adzina: An Indigenous System of Trial by Jury on the Ghana-Togo Border NotesKI I n a recent article in this series, the According to the Buem elders, author discussed the indigenous Buems make it a point to try to avoid principles that undergird the main- bate kate which they consider to be tenance of social control among Buems adversarial and time-consuming, not of Buem-Kator on the Ghana side of the only to the disputants, but also to their Ghana-Togo border in the Buem Tradi- respective kinsfolk who are customar- tional Area in the Jasikan District in ily obliged to accompany them to hear- the Volta Region of Ghana. The current ings. Unlike benyaogba ukpikator--dis- article, too, is about the same Buems. cussed in the article earlier men- http://www.worldbank.org/afr/ik/default.htm In this one, the author presents the in- tioned--bate kate is a more elaborate digenous Buem jury system, known as process, which proceeds in stages and adzina. But before discussing the na- normally involves intensive cross-ex- ture and process of adzina, he first dis- amination and assembling of witnesses cusses bate kate, which is the Buem fo- and, where necessary, exhibits. In rum for adjudication of which adzina is terms of monetary outlay too, bate an integral part. kate can be expensive. This is because fines, and in some cases, costs are im- posed on convicted parties. Bate Kate No. 59 August 2003 Bate kate can mean adjudication and can also mean arbitration. In the indig- enous Buem conflict management sys- IK Notes reports periodically on Indigenous Knowledge (IK) initiatives tem, bate kate is a means of external in Sub-Saharan Africa and occasionally control which disputing parties seek on such initiatives outside the Region. It is published by the Africa Region's from a third party. This form of control, Knowledge and Learning Center as which can be exercised by a lineage part of an evolving IK partnership head or the town chief, becomes nec- between the World Bank, communi- ties, NGOs, development institutions essary when disputants can no longer and multilateral organizations. The World Bank rely on trust between them. The con- views expressed in this article are those of the authors and should not be sequences of lack of trust are thus miti- attributed to the World Bank Group gated by the external control, which or its partners in this initiative. A provides an alternative source of confi- webpage on IK is available at // www.worldbank.org/afr/ik/ dence that expectations will be met. default.htm 2 Cases that are submitted for bate kate normally include known as akwamuhene. The akwamuhene is the most senior cases that either have failed to be resolved through the divisional chief in Buem-Kator; hence the paramount chief's benyaogba ukpikator option or are constitutionally defined direct representative in the area. If settlement cannot be to be criminal. Criminal cases include murder, treason, and reached at the akwamuhene's court then the case must be disparaging statements against chiefs or public officials. In- referred to the paramount chief's court in the traditional fringements of well-revered taboos of the chiefdom are also capital. a criminal case for which settlement must be sought at bate In practice, however, most disputes are settled at the town kate. level, especially because of the costs (in terms of time and Bate kate suggests a number of characteristics of both pro- physical resources) that are incurred when cases are allowed cedure and content. It can be conducted either at a lineage to go through a number of steps before they are finally head's court or the town chief's court, depending upon the settled. There is the notion among the Buems that if a dis- gravity of the offence. In theory, bate kate can go through a pute can be settled at all, it must be possible for lineage number steps before a dispute is finally settled. In other heads or the town chief and his elders to settle it at the low- words, one or both parties to a dispute can express dissatis- est possible level. Since kinsfolk of disputing parties are tra- faction with a settlement and may decide to forward the ditionally expected to support kin members and accompany matter to a higher court. Appeals from lower courts have to them to all courts, they tend to prevail upon kith and kin to be sent to the most immediate higher court. For example, an accept a settlement at the lowest possible court. appeal from a lineage head's court has to be sent to the town Deliberations at bate kate can be an elaborate process. In chief's court and an appeal from the town chief's court must line with its usual procedure, each disputant presents his or be forwarded to the court of the senior chief' of the area, her version of what has occurred. After both have been heard, adjudicators closely question each disputant on the IK Notes basis of what he or she has said. The objective is to reach an agreement on a single story by eliminating ambiguous ele- ments in the statements of the adversaries. There is an ex- would be of interest to: tensive use of evidence, witnesses, and cross-examination. Court deliberations are usually opened to the general public Name and everyone present has the privilege to cross-examine any Institution of the disputants. Order at court is strictly enforced and the use of abusive language is discouraged as this can lead to con- Address tempt of court. Adzina For the purpose of this paper, the word adzina may be trans- lated as "going into seclusion to meditate on an issue." Letters, comments, and requests for publications Adzina provides a mini forum within which a verdict should be addressed to: (badunkortor) from bate kate proceedings is determined. Editor: IK Notes This step in the bate kate process is primarily meant to en- Knowledge and Learning Center Africa Region, World Bank sure fairness to the adversarial parties or an accused person 1818 H Street, N.W., Mailstop J8-811 brought before a hearing. Adzina is said to offer the manag- Washington, D.C. 20433 ers of bate kate an opportunity to "consult with the abrewa". E-mail: pmohan@worldbank.org Abrewa literally means grandmother or an old woman who is believed to be endowed with supernatural wisdom, an un- 3 questionable sense of fairness, and the capabilities to preside settlement has been accepted by the disputants. The drinks over adzina deliberations. are used as a libation in order to propitiate the gods As the Buem version of trial by jury, Adzina works this way: (atibluku). It is poured by the fetish priest, in the absence of to arrive at a verdict in all manner of cases that come before whom an elder will do it. a lineage head or town chief, some of the court participants, With a calabash of drinks in hand, the fetish priest will pour who have been present throughout the court hearing and the libation accompanied by statements such as: have been following the proceedings, are selected at the end The almighty God up in the heavens, the earth on of the hearing to deliberate and come out with a verdict. The which we stand (Oh! Atibluku atsa kator, kalor kemenge), jury is normally made up, among others, of the respective with this drink, we beseech the gods to help us to re- representatives of the presiding judge, the adjudicating store peace between the adversarial parties. As both par- council, and the disputing parties. This newly appointed jury ties drink from this calabash, none should nurse mali- will then leave the courtroom and go and find a place where cious intentions against the other. Strike down whoever they are both out sight and ear reach of the other court at- will nurse malicious intention towards the other, or flout tendants. There, they will deliberate among themselves un- the authority of the judges, or attempt to bring calamity til reaching a verdict. In doing so, they are said to be consult- into the community. ing with the abrewa. When a verdict is reached, the jury will return to the It must be noted that in more grievous cases, particu- courtroom and present their findings to the judge. Through larly cases in which a culprit was found to have used a weapon the returning jurors, the abrewa will send words of admoni- which is more harmful than the fist in a fight and, in doing so, tion to the guilty party and words of consolation to the inno- has spilled the blood of a fellow Buem, the party is liable to cent. The verdict is either accepted wholly and a fine is im- fines, which involve livestock, usually a ram (kofonu). This posed on the convicted party, or it is rejected and the case fine is imposed whether the party is found guilty of the of- forwarded to a higher court. fence or not. In such a case, the fetish priest will pour a liba- The presiding judge will deliver the verdict this way: tion and call the spirits of the ancestors of the disputants Abrewa onini, fula le temi libo emimi. Osu boda mi three times, mention the earth (kalor) three times, and im- borsaka. Bokisi bobo mi nte. Osu ni bafouo. Osi mui, plore them to "cleanse the community of the sacrilege and siwu tsuedi otilikpidi na onwa lelormi benu nkudor. danger" (ntedie musue) that the blood-spilling may bring Omui ni keny kenui kebo kuboryo (Translated to mean upon the community. After this, the ram will be slaughtered that "according to the Old Woman's verdict, to which at the very spot at which the human blood was spilled. Both they, the panel members, have agreed, so and so has the drink and the flesh of the animal will be shared among all been found guilty. The Old Woman has sent a message of those present. With this ritual ceremony, the gods are be- admonition to the guilty party and words of consolation lieved to have been propitiated and the earth and the parties to the innocent"). cleansed. Once a case is settled, it is assumed that lelorkalorbunu, which represents the people's concept of fairness and justice, Analysis has been attained. Fines (banyinkortu) are thus suggested. Unlike the modern jury system, whereby jurors are selected The fines are normally in kind, involving alcoholic beverages before the start of the trial, jurors in the Buem adzina sys- usually palm wine--called kubo nte--and livestock. The size tem are appointed after the prosecution and defense argu- of the fine depends on the gravity of the offence, the manner ments are over. The benefit of this manner of selecting ju- in which the convicted party has conducted himself or herself rors derives from the fact since no one can tell who the jurors in the course of the deliberation, and previous offence will be and since anyone present at the proceedings, and who records. Once the fines are paid, it is assumed that the are considered to be of good standing in the community can 4 be selected, everyone at the trial is compelled to attentively The invocation of supernatural forces as a means of enforc- follow the process. Also, because members of the Buem com- ing court decision among Buems shows that the people's munities live in close contact with each other and are con- conflict management methods provide not only the secular nected by webs of ritual, political, and economic ties, jurors means and guidance to disputants to strive for reconciliation, cannot afford to be deliberately biased. but that the fora are also the media through which the gods are expected to sustain the rules of social control.This should not be surprising given the fact that the Buem politico-judi- cial system lacks any form of legally approved use or threat of use of physical coercion, normally carried out by the police and incarceration of the guilty, as associated with the state in the modern systems. This article was written by Ben K. Fred-Mensah, Assistant Professor of International Relations and consultant in interna- tional development at Howard University, Washington, DC. E-mail bfred-mensah@howard.edu or bmens@earthlink.net