Introduction

In many parts of Nigeria today, justice is still sought not only in courtrooms but also in shrines, riversides, and traditional groves. Trial by ordeal—an ancient practice that relies on supernatural intervention or physically dangerous tests to determine guilt or innocence—continues to exist despite clear constitutional and statutory prohibitions.

From rural communities to urban workplaces where employees are secretly compelled to swear fetish oaths before or during employment, the practice exposes a persistent tension between deeply rooted traditional beliefs and Nigeria’s modern legal order.

The continued existence of trial by ordeal raises fundamental questions about the reach of the rule of law, public confidence in the justice system, and whether formal legal institutions have truly displaced older notions of “divine justice.”

Meaning and Forms of Trial by Ordeal

Trial by ordeal refers to any method of determining guilt, innocence, or truthfulness by subjecting an individual to a painful, dangerous, or spiritually charged test, based on the belief that supernatural forces will protect the innocent and punish the guilty.

Common Nigerian examples include:

  • Drinking poison or herbal concoctions such as Sasswood, Ewe akoko, or ogun laye mixtures.
  • Oath-taking before shrines such as Ayelala, Ogun, Aro, Okija, or Igwe ka ala.
  • Dipping hands into boiling oil or water.
  • Walking barefoot across fire or sharp objects.
  • Touching corpses or sacred objects to establish innocence in cases of theft, adultery, or witchcraft.

Within traditional belief systems, survival or lack of injury signifies innocence, while injury or death is interpreted as divine punishment.

Historical and Cultural Background

Prior to colonial rule, many Nigerian ethnic groups relied on spiritual adjudication systems to resolve disputes. Among the Yoruba, the Sasswood poison ordeal was used for serious offences such as theft or witchcraft. Among the Igbo, the Aro Chukwu oracle—and later the Okija shrine—functioned as powerful judicial institutions. In the Niger Delta, the Ayelala deity was revered as an enforcer of truth and justice.

With the advent of colonial administration, British authorities criminalised these practices through the Criminal Code Ordinance, describing them as inhuman, superstitious, and repugnant to natural justice. Despite this, trial by ordeal has not disappeared; rather, it has adapted to contemporary social and economic contexts.

Legal Framework

Constitutional Provisions

The 1999 Constitution of the Federal Republic of Nigeria (as amended) provides strong safeguards against trial by ordeal:

  • Section 33(1): Guarantees the right to life.
  • Section 34(1): Protects the dignity of the human person and prohibits torture, inhuman, or degrading treatment.
  • Section 36(1): Guarantees the right to fair hearing before a competent court or tribunal.

Statutory Provisions

Under the Criminal Code Act, Cap C38, LFN 2004:

  • Section 207 criminalises participation in any trial by ordeal involving poison, fire, boiling substances, or any act likely to cause harm or death.
  • Section 208 prohibits administering or submitting any person to an ordeal.

Judicial Interpretation

Nigerian courts have consistently held that no cultural or religious practice can override constitutional protections. In Onyeka v. State (2008) 4 NWLR (Pt. 1076) 197, the Court of Appeal affirmed that traditional or religious justifications cannot excuse conduct that violates fundamental rights.

Extent and Modern Manifestations of Trial by Ordeal

A. Traditional and Community Contexts

  • Okija Shrine Scandal (Anambra State, 2004): Over 70 decomposing corpses were discovered at a shrine used by politicians and businessmen for “justice.”
  • Ogun Shrine Incident (Ogun State, 2012): A woman accused of adultery died after drinking a ritual potion; the priest was prosecuted.
  • Ayelala Ordeal (Ondo State, 2019): A suspected thief died following a ritual ordeal; perpetrators were charged with manslaughter.
  • Witchcraft and Child Abuse Cases (Akwa Ibom & Cross River, 2010–2022): NGOs documented children subjected to harmful spiritual tests.

B. Employment and Economic Contexts

  • Transport unions compelling drivers to swear loyalty oaths.
  • Employers taking security guards or domestic workers to shrines to ensure honesty.
  • Political actors and corporate aides swearing supernatural oaths of loyalty.

C. Religious and Spiritual Settings

Some religious institutions conduct dangerous “deliverance” rituals that mirror ordeal practices, occasionally resulting in serious injury or death.

Why the Practice Persists

The persistence of trial by ordeal can be attributed to:

  1. Deeply entrenched cultural beliefs.
  2. Widespread distrust of the formal justice system.
  3. Fear of supernatural consequences.
  4. Economic exploitation by shrine priests and spiritual leaders.
  5. Weak law enforcement and limited prosecution.

Human Rights and Legal Implications

Trial by ordeal violates multiple fundamental rights, including:

  • The right to life (Section 33, CFRN).
  • The right to dignity of the human person (Section 34, CFRN).
  • The right to fair hearing (Section 36, CFRN).
  • Freedom of thought, conscience, and religion (Section 38, CFRN).

It also contravenes Article 5 of the African Charter on Human and Peoples’ Rights and Article 7 of the International Covenant on Civil and Political Rights.

Beyond legal violations, trial by ordeal is inherently unreliable. Outcomes may be influenced by factors such as physical resilience, the potency of substances used, or manipulation by those administering the ordeal. This creates a serious risk of wrongful convictions and miscarriages of justice.

While public frustration with delays and inefficiencies in the justice system is understandable, resorting to trial by ordeal or mob action further weakens the rule of law. Such practices legitimise extrajudicial punishment, encourage impunity, and contribute to insecurity, fear, and cycles of reprisal violence.

Recommendations

A. Public Education and Legal Literacy: Sustained awareness campaigns on legal rights and remedies.

B. Partnership with Traditional Institutions: Engaging community leaders to discourage unlawful practices.

C. Legal Enforcement and Prosecution: Consistent prosecution of offenders to deter future violations.

D. Strengthening Access to Justice through ADR: Providing culturally sensitive but lawful dispute resolution mechanisms.

E. Workplace Regulation: Prohibiting oath-taking or spiritual coercion as a condition of employment.

Conclusion

Trial by ordeal once symbolised divine justice within traditional societies. Today, however, it stands in direct violation of human rights and the rule of law. Whether practised in Okija shrines, Ayelala groves, or modern corporate offices, justice in Nigeria must be grounded in evidence, due process, and constitutional supremacy—not fear of supernatural forces.

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