Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria

Onoseme Fortune Afatakpa; Adelakun Oludolapo Olufunmilayo

doi:doi:10.11648/j.hss.20261401.14

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Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria

Onoseme Fortune Afatakpa^*, Adelakun Oludolapo Olufunmilayo

Published in Humanities and Social Sciences (Volume 14, Issue 1)

Received: 18 December 2025 Accepted: 30 December 2025 Published: 23 January 2026

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Abstract

This study examines the concept, types, causes, and social functions of punishment in traditional Nupe society, highlighting how indigenous justice mechanisms contributed to order, peace, and communal cohesion prior to colonial legal impositions. Drawing on a qualitative research design anchored entirely on secondary data, the study analyses ethnographic, historical, and socio-legal literature to identify the nature and logic of punitive practices among the Nupe. Findings show that punishment was deeply restorative, with mechanisms such as gyara (reparation), mediation by elders, public apology, oath taking, community service, and ritual cleansing designed to repair relationships, restore harmony, and prevent future conflict. More severe sanctions-including corporal punishment, ostracism, banishment, and limited forms of capital punishment-were reserved for serious offenses like murder, witchcraft, or violations of sacred taboos. The study demonstrates that punishment in Nupe society functioned not only to deter wrongdoing but also to reinforce communal values, maintain spiritual balance, and ensure collective security. This aligns strongly with Restorative Justice Theory, which emphasises healing, accountability, and reintegration rather than retribution. The findings further reveal that traditional institutions such as elders, lineage heads, and the Etsu Nupe played critical roles in administering justice, lending legitimacy and moral authority to the process. Overall, the study underscores the sophistication of indigenous Nupe jurisprudence and highlights its relevance for contemporary justice reform. By drawing on decolonial perspectives, the research argues that integrating indigenous restorative practices into Nigeria’s modern legal framework can strengthen community-based corrections, enhance social cohesion, and promote culturally grounded approaches to peace and security.

Published in	Humanities and Social Sciences (Volume 14, Issue 1)
DOI	10.11648/j.hss.20261401.14
Page(s)	32-42
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2026. Published by Science Publishing Group

Keywords

Traditional Nupe Justice, Indigenous Punishment, Restorative Justice, Social Order, Decolonial Jurisprudence

References

[1]	Mbiti, J. S. (1990). African religions and philosophy (2nd ed.). Heinemann.
[2]	Gyekye, K. (1997). Tradition and modernity: Philosophical reflections on the African experience. Oxford University Press.
[3]	Fortes, M. (1949). The web of kinship among the Tallensi. Oxford University Press.
[4]	Evans-Pritchard, E. E. (1937). Witchcraft, oracles, and magic among the Azande. Oxford University Press.
[5]	Nadel, S. F. (1942). A black Byzantium: The kingdom of Nupe in Nigeria. Oxford University Press.
[6]	Ndlovu-Gatsheni, S. (2013). Coloniality of power in postcolonial Africa: Myths of decolonization. CODESRIA.
[7]	Salihu, M. (2011). Traditional governance and social control among the Nupe. Nigerian Journal of Cultural Studies, 5(1), 22–39.
[8]	Bwire, B. (2019). Integration of African Customary Legal Concepts into Modern Law: Restorative Justice: A Kenyan Example. Societies, 9, 17. Scientific Research Publishing https://doi.org/10.3390/soc9010017
[9]	Olayode, A. (2017). Back to the past: The (re)integration of restorative justice into the Nigerian criminal justice system (PhD thesis, Durham University). Durham E-Theses Repository.
[10]	Durkheim, É. (1984). The division of labor in society (W. D. Halls, Trans.). Free Press. (Original work published 1893).
[11]	Braithwaite, J. (1989). Crime, shame and reintegration. Cambridge University Press.
[12]	Zehr, H. (2002). The little book of restorative justice. Good Books.
[13]	Comaroff, J., & Comaroff, J. (1991). Of revelation and revolution: Christianity, colonialism and consciousness in South Africa (Vol. 1). University of Chicago Press.
[14]	Chanock, M. (1985). Law, custom, and social order: The colonial experience in Malawi and Zambia. Cambridge University Press.
[15]	McCold, P. (2000). Toward a holistic vision of restorative juvenile justice: A reply to the maximalist model. Contemporary Justice Review, 3(4), 357–414.
[16]	Abubakar, S. (1984). The emirates of Northern Nigeria: A study of African government. Heinemann.
[17]	Isiaka, M., Nasirudeen, I. A., Yusuf, T. A., & Ayodele, A. A. (2025). The adoption of restorative justice models in criminal justice system: Decongesting backlogs in conventional court system in Nigeria. Contemporary Justice Review. https://doi.org/10.1080/10282580.2025.2536290
[18]	Sofola, G. (1998). African culture and justice systems. Lagos University Press.
[19]	Kothari, C. R. (2014). Research methodology: Methods and techniques (2nd ed.). New Age Publishers.
[20]	Bryman, A. (2016). Social research methods (5th ed.). Oxford University Press.
[21]	Skelton, A., & Batley, M. (2006). Charting progress, mapping futures: Restorative justice in South Africa. Institute for Security Studies.
[22]	Mbiti, J. S. (1977). Introduction to African religion. Heinemann.
[23]	Igbo, E. U. M., & Ugwoke, C. U. (2013). Crime, criminology and criminal justice. Nsukka, Nigeria: University of Nigeria Press.
[24]	Ugwuoke, C. (2010). Restorative justice and community corrections in Africa. Nigerian Journal of Criminology, 4(1), 55–70.
[25]	McNeill, F. (2016). Community sanctions and European penology. Oxford University Press.

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APA Style

Afatakpa, O. F., Olufunmilayo, A. O. (2026). Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria. Humanities and Social Sciences, 14(1), 32-42. https://doi.org/10.11648/j.hss.20261401.14

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Afatakpa, O. F.; Olufunmilayo, A. O. Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria. Humanit. Soc. Sci. 2026, 14(1), 32-42. doi: 10.11648/j.hss.20261401.14

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AMA Style

Afatakpa OF, Olufunmilayo AO. Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria. Humanit Soc Sci. 2026;14(1):32-42. doi: 10.11648/j.hss.20261401.14

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@article{10.11648/j.hss.20261401.14,
  author = {Onoseme Fortune Afatakpa and Adelakun Oludolapo Olufunmilayo},
  title = {Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria},
  journal = {Humanities and Social Sciences},
  volume = {14},
  number = {1},
  pages = {32-42},
  doi = {10.11648/j.hss.20261401.14},
  url = {https://doi.org/10.11648/j.hss.20261401.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20261401.14},
  abstract = {This study examines the concept, types, causes, and social functions of punishment in traditional Nupe society, highlighting how indigenous justice mechanisms contributed to order, peace, and communal cohesion prior to colonial legal impositions. Drawing on a qualitative research design anchored entirely on secondary data, the study analyses ethnographic, historical, and socio-legal literature to identify the nature and logic of punitive practices among the Nupe. Findings show that punishment was deeply restorative, with mechanisms such as gyara (reparation), mediation by elders, public apology, oath taking, community service, and ritual cleansing designed to repair relationships, restore harmony, and prevent future conflict. More severe sanctions-including corporal punishment, ostracism, banishment, and limited forms of capital punishment-were reserved for serious offenses like murder, witchcraft, or violations of sacred taboos. The study demonstrates that punishment in Nupe society functioned not only to deter wrongdoing but also to reinforce communal values, maintain spiritual balance, and ensure collective security. This aligns strongly with Restorative Justice Theory, which emphasises healing, accountability, and reintegration rather than retribution. The findings further reveal that traditional institutions such as elders, lineage heads, and the Etsu Nupe played critical roles in administering justice, lending legitimacy and moral authority to the process. Overall, the study underscores the sophistication of indigenous Nupe jurisprudence and highlights its relevance for contemporary justice reform. By drawing on decolonial perspectives, the research argues that integrating indigenous restorative practices into Nigeria’s modern legal framework can strengthen community-based corrections, enhance social cohesion, and promote culturally grounded approaches to peace and security.},
 year = {2026}
}

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TY  - JOUR
T1  - Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria
AU  - Onoseme Fortune Afatakpa
AU  - Adelakun Oludolapo Olufunmilayo
Y1  - 2026/01/23
PY  - 2026
N1  - https://doi.org/10.11648/j.hss.20261401.14
DO  - 10.11648/j.hss.20261401.14
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 32
EP  - 42
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20261401.14
AB  - This study examines the concept, types, causes, and social functions of punishment in traditional Nupe society, highlighting how indigenous justice mechanisms contributed to order, peace, and communal cohesion prior to colonial legal impositions. Drawing on a qualitative research design anchored entirely on secondary data, the study analyses ethnographic, historical, and socio-legal literature to identify the nature and logic of punitive practices among the Nupe. Findings show that punishment was deeply restorative, with mechanisms such as gyara (reparation), mediation by elders, public apology, oath taking, community service, and ritual cleansing designed to repair relationships, restore harmony, and prevent future conflict. More severe sanctions-including corporal punishment, ostracism, banishment, and limited forms of capital punishment-were reserved for serious offenses like murder, witchcraft, or violations of sacred taboos. The study demonstrates that punishment in Nupe society functioned not only to deter wrongdoing but also to reinforce communal values, maintain spiritual balance, and ensure collective security. This aligns strongly with Restorative Justice Theory, which emphasises healing, accountability, and reintegration rather than retribution. The findings further reveal that traditional institutions such as elders, lineage heads, and the Etsu Nupe played critical roles in administering justice, lending legitimacy and moral authority to the process. Overall, the study underscores the sophistication of indigenous Nupe jurisprudence and highlights its relevance for contemporary justice reform. By drawing on decolonial perspectives, the research argues that integrating indigenous restorative practices into Nigeria’s modern legal framework can strengthen community-based corrections, enhance social cohesion, and promote culturally grounded approaches to peace and security.
VL  - 14
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Onoseme Fortune Afatakpa

Department of Criminology and Security Studies, Dominion University Ibadan, Ibadan, Nigeria

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Adelakun Oludolapo Olufunmilayo

Department of Criminology and Security Studies, Dominion University Ibadan, Ibadan, Nigeria

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APA Style

Afatakpa, O. F., Olufunmilayo, A. O. (2026). Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria. Humanities and Social Sciences, 14(1), 32-42. https://doi.org/10.11648/j.hss.20261401.14

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ACS Style

Afatakpa, O. F.; Olufunmilayo, A. O. Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria. Humanit. Soc. Sci. 2026, 14(1), 32-42. doi: 10.11648/j.hss.20261401.14

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AMA Style

Afatakpa OF, Olufunmilayo AO. Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria. Humanit Soc Sci. 2026;14(1):32-42. doi: 10.11648/j.hss.20261401.14

Copy | Download

@article{10.11648/j.hss.20261401.14,
  author = {Onoseme Fortune Afatakpa and Adelakun Oludolapo Olufunmilayo},
  title = {Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria},
  journal = {Humanities and Social Sciences},
  volume = {14},
  number = {1},
  pages = {32-42},
  doi = {10.11648/j.hss.20261401.14},
  url = {https://doi.org/10.11648/j.hss.20261401.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20261401.14},
  abstract = {This study examines the concept, types, causes, and social functions of punishment in traditional Nupe society, highlighting how indigenous justice mechanisms contributed to order, peace, and communal cohesion prior to colonial legal impositions. Drawing on a qualitative research design anchored entirely on secondary data, the study analyses ethnographic, historical, and socio-legal literature to identify the nature and logic of punitive practices among the Nupe. Findings show that punishment was deeply restorative, with mechanisms such as gyara (reparation), mediation by elders, public apology, oath taking, community service, and ritual cleansing designed to repair relationships, restore harmony, and prevent future conflict. More severe sanctions-including corporal punishment, ostracism, banishment, and limited forms of capital punishment-were reserved for serious offenses like murder, witchcraft, or violations of sacred taboos. The study demonstrates that punishment in Nupe society functioned not only to deter wrongdoing but also to reinforce communal values, maintain spiritual balance, and ensure collective security. This aligns strongly with Restorative Justice Theory, which emphasises healing, accountability, and reintegration rather than retribution. The findings further reveal that traditional institutions such as elders, lineage heads, and the Etsu Nupe played critical roles in administering justice, lending legitimacy and moral authority to the process. Overall, the study underscores the sophistication of indigenous Nupe jurisprudence and highlights its relevance for contemporary justice reform. By drawing on decolonial perspectives, the research argues that integrating indigenous restorative practices into Nigeria’s modern legal framework can strengthen community-based corrections, enhance social cohesion, and promote culturally grounded approaches to peace and security.},
 year = {2026}
}

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TY  - JOUR
T1  - Indigenous Justice and Punishment in Traditional Nupe Communities of Nigeria
AU  - Onoseme Fortune Afatakpa
AU  - Adelakun Oludolapo Olufunmilayo
Y1  - 2026/01/23
PY  - 2026
N1  - https://doi.org/10.11648/j.hss.20261401.14
DO  - 10.11648/j.hss.20261401.14
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 32
EP  - 42
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20261401.14
AB  - This study examines the concept, types, causes, and social functions of punishment in traditional Nupe society, highlighting how indigenous justice mechanisms contributed to order, peace, and communal cohesion prior to colonial legal impositions. Drawing on a qualitative research design anchored entirely on secondary data, the study analyses ethnographic, historical, and socio-legal literature to identify the nature and logic of punitive practices among the Nupe. Findings show that punishment was deeply restorative, with mechanisms such as gyara (reparation), mediation by elders, public apology, oath taking, community service, and ritual cleansing designed to repair relationships, restore harmony, and prevent future conflict. More severe sanctions-including corporal punishment, ostracism, banishment, and limited forms of capital punishment-were reserved for serious offenses like murder, witchcraft, or violations of sacred taboos. The study demonstrates that punishment in Nupe society functioned not only to deter wrongdoing but also to reinforce communal values, maintain spiritual balance, and ensure collective security. This aligns strongly with Restorative Justice Theory, which emphasises healing, accountability, and reintegration rather than retribution. The findings further reveal that traditional institutions such as elders, lineage heads, and the Etsu Nupe played critical roles in administering justice, lending legitimacy and moral authority to the process. Overall, the study underscores the sophistication of indigenous Nupe jurisprudence and highlights its relevance for contemporary justice reform. By drawing on decolonial perspectives, the research argues that integrating indigenous restorative practices into Nigeria’s modern legal framework can strengthen community-based corrections, enhance social cohesion, and promote culturally grounded approaches to peace and security.
VL  - 14
IS  - 1
ER  -

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