By Jide Jegede
Several decades after the colonial masters wound up their administrative grip on the African continent, the impacts of their centuries of direct involvement in the running of political, economic and social lives of the people still loom large. While the introduction of western education has helped improve the quality of life and standard of living in many African societies, the attempt by the colonial masters to subtly impose their own culture and belief systems on the conquered territories failed to record similar success as the indigenous people seem unwilling to completely jettison their long-held ways of life. The mismatch of these cultures has introduced many contradictions, which have attracted the interests of stakeholders, particularly scholars across different fields of study, who are burdened by the passion to find practical solutions to the impasse.
The 1,500-capacity hall of Bowen University, Iwo, Osun State, played host to the presentation of the outcome of such efforts on Thursday, May 29, 2025 when Prof. Mary-Ann Ajayi presented the 22nd inaugural lecture of the university to an august audience drawn from the academic, legal, religious, traditional and policy-making spheres.
Except for intermittent applause, the professor of law literally held her audience captive as she presented her well-researched and extensive lecture titled: “The paradox of customary law and human rights in Africa: Exploring the tensions, complementarities and opportunities for reform”. Themed around the tension between tradition and rights, the need for systemic reform of various customary laws, and the call for introspection within advocacy movements, the lecture sought a balanced approach that respects cultural traditions while ensuring compliance with human rights principles.
While conceding that some aspects of African customary laws need fine-tuning to remain consistent with the realities of today’s human rights legislation, the scholar frowned at the widespread efforts to demonize the set of rules, insisting that they are neither archaic nor fetish as being misrepresented in some quarters. “Many of these laws are not archaic in the sense of the word, but it is just that in line with contemporary human rights laws, they are no longer obtainable. Some of them actually have rich, historical perspectives. We now educate the people on how to turn around the law in line with the contemporary human rights laws,” she noted.
The emotive issue of gender marginalisation featured prominently in the research. While the lecturer admitted that some aspects of customary laws appeared skewed against the interest of women, she advised that before sweeping condemnation of such laws, society needs to consider the wisdom and philosophy behind them. “For example, look at the Benin customary law that says the eldest son has the right to inherit the father’s property. If you look at it, some human rights activists will say: What about the daughters? Why are you leaving the daughters aside? But the underpinnings behind that law are not to exclude the daughters. It’s because there should be continuity. The son has to step into the role the father used to occupy and then take care of not just the assets but the liabilities as well.”
Apart from calling for extensive engagement among stakeholders, Prof Ajayi also made far-reaching suggestions to ensure that the desired success of the strategic review is reasonably achieved. These include promoting education and public awareness, legal and judicial reforms, empowering vulnerable groups, and enhancing access to justice, among others. She also called for multi-stakeholder collaboration, stressing the importance of partnerships between governments, NGOs, traditional leaders, and international bodies to drive sustainable change. According to her, monitoring and evaluation of the interventions are important to ensure the effectiveness of awareness campaigns and legal reforms.
The lecture serves as both a roadmap and a rallying cry for a more just society. By bridging the divide between tradition and human rights, her recommendations aim to foster inclusivity, equity, and accountability at all levels of society.
“The journey toward justice is not about erasing culture but refining it to reflect the dignity of all people,” she declared, leaving the audience with a profound challenge to act.
In his remark, the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, noted that he was relieved that the lecturer acknowledged the efforts of the judiciary in protecting the rights of the vulnerable in the country. According to him, to ensure that all rights are respected, every individual within the system must play their role as expected.
He informed that President Bola Tinubu is making concerted efforts to ensure that all interests are well represented in running the country’s affairs. He noted that the president gave a prominent role to women appointed to serve in his government so that they would not be marginalised.
The Vice Chancellor of the university, Prof. Jonathan Babalola, praised the lecturer for doing justice to the topic. According to him, due to the high potential of scholarly undertakings in enhancing the quality of government policies, the university always deposits copies of its inaugural lectures at the National Library for easy access for decision makers. He added that the university also organises periodic public engagements where they interface with stakeholders from different sectors of the nation’s life for ideas on areas that need academic interventions.
An elated husband of the lecturer, Aare Seun Ajayi (SAN), was full of gratitude to God for making the day a reality, especially as it came a day after the celebration of the twentieth anniversary of their union. He recalled how challenging the journey was, given the busy nature of their respective jobs. He, however, admits that the fact that they are both lawyers and share a passion for issues around customary law helped the journey.
