Enhancing Transitional Justice In Post- Conflict Situations: Establishment And Impact Of Kabara Traditional Justice System In Duhu District

A.H. Diram, Faculty of Law, Modibbo Adama University, Yola – Nigeria

ABSTRACT

The transitional justice system does not have a unified process or mechanisms peculiar to it. This system of justice is effective in post-conflict situations in rebuilding lost relationships due to human rights abuses and violations. More often, conflict breeds disputes which culminates in stigmatization and loss of family ties. Therefore, transitional justice comes in to rebuild social cohesion and reintegrate ex-combatants into the communities through fact-finding missions, forgiveness, dispute settlements, etc. In the Duhu district of Madagali Local Government, the case is not different. After suffering due to the invasion of the communities by Boko Haram insurgents, the communities experienced various kinds of disputes including that of farmland, matrimonial, commercial, and the like. Families that lost their loved ones found it difficult to forgive their culprits not to talk of accepting them back into the communities, thus the breakdown of social tiers which has affected their well-being and economy. Considering this factor as a menace, the District Head has re-established a traditional justice system with the objective of reconciliation and reintegration of the affected persons. This justice system maintains its original name from the forefathers- the Kabara Council but operates more fashionably with little modernity. The system has been working well making impacts devoid of involving any governmental apparatus such as the law courts, police, or military formations within the communities. Upon an empirical method through qualitative and quantitative approaches, this paper has identified despite the lack of funding, the traditional institution in Duhu plays a vital role in building the Kabara Council, which has made a significant impact on building social cohesion, dispute settlement, and reintegration of ex-members of the Boko Haram back to the communities. It is hoped that this paper will provoke the establishment and funding of more similar traditional platforms for fostering peace- building through out-of-court settlement of disputes.

Keywords: Kabara, Transitional Justice, Dispute Settlement, Boko Haram, conflict