The Role of Troxovi in Adjudicature
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Date
2015-12
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Ghana Social Science Journal
Abstract
Traditional adjudication which was presided over by traditional rulers
and religious priests and backed by supernatural entities lost grounds to
the constitutional courts established by the colonial authorities under the
laws of the Gold Coast. The Native Jurisdiction Ordinance of 1883
instituted by the colonial administration curtailed the judicial powers of
the traditional authority to settling minor issues. Although the Native
Jurisdiction Ordinance also banned trial by ordeal which was believed to
be controlled by supernatural forces, the phenomenon has not only
assumed different dimensions but is also on the ascendency in
contemporary times. This work, utilizes qualitative methods to explore the
search for justice and the process of adjudication in troxovi shrines, the
types of cases that have “fallen within the jurisdiction” of the shrines
through the prism of rational choice theory. It is argued that aggrieved
persons patronize the troxovi shrines due to their perceived want of the
truth in constitutional courts, the absence of bribery and corruption since
any attempt at corruption by any shrine operative attract immediate
supernatural sanction. It is apparent that justice in the troxovi shrines will
continue as long as justice continues to elude the aggrieved in the
constitutionally mandated courts.
Description
Ghana Social Science Journal, 12 (2), 124-143
Keywords
adjudication, traditional rulers, Native Jurisdiction Ordinance, rational choice theory