By Nnamdi Anyaogu Okorie, Esq*
In his article titled ‘From Integration to Bifurcation: The Internalization of Calabar Boundary Regime in the Context of Border Conflicts and Management in Africa’, Michael Omang Bonchuk (2015), held that one of the dominant themes in the history of the Cross-River region of Nigeria and Cameroun is the secret societies.
In this region, secret societies served different functions and provided the cement for social stability and inter group relations. Their existence was justified according to the roles they played. Their judicial functions approximated European norms of law courts, their executive functions could be compared to the modern day governmental departments. The most important of all these secret societies and common to most of the people within the region is the Ekpe society which have many authors like:
- [Chuka Odike (2025); Talbot, P. A (1912, 1926); Aye, E. U (1967); Noah, M. E (1980); Jones, D & Salmons, J (2011); Anwana, A. O (2002)] asserting that it was an Ejagham creation with Usak Edet (Isangele) being its cradle.
- Others, like [Akak, E.O (1982, 1995); Offiong, D. A (1989)] held that Ekpe is of Efik origin.
- Still yet, some others like [Essien, D (1993) held Ekpe to be of Uruan origin.
On all these diverse theories on the origin of Ekpe, see: Inyang Bassey & Charles E. Ekpo’s ‘Evaluating the place of the Ekpe traditional institution as a tool for nation building in pre-colonial Cross-River Region, Historical Research Letter, (2019) vol. 49
Misconceptions about Ekpe and whether Ekpe is a secret society/cult:
The commonest misconception about Ekpe is that it is devilish and satanic cult or society- see: Ivor L. Miller’s ‘The Ékpè ‘Leopard’ Society of Africa and its Cuban Diaspora: A Conversation between Cultural Leaders’ Afro-Hispanic Review • Volume 35, Number 2 • Fall 2016 ~ 133
Curiously, while outsiders like the African descendants of slaves in the Caribbean flock to Africa regularly to be initiated into this African-based religions and cultures, similar spiritual practices by Africans on the continent seem to be generally stigmatized if not demonized. See: Ndapewa Fenny Nakanyete’s ’Persistence of African Languages and Religions in Latin America since slavery’ 3 JULACE No. 1, 2018
Let us consider the definition of secret society by our laws. The 1999 Nigerian Constitution (as amended) defined a secret society with descriptions at its S. 318 thus:
Secret society includes any society, association, group or body of persons (whether registered or not)
a. That uses secret signs, oaths, rites or symbols and which is formed to promote a cause, the purpose or part of the purpose of which is to foster the interest of its members and to aid one another under any circumstances without due regard to merit, fair play or justice to the detriment of the legitimate interests of those who are not members
b. The membership of which is incompatible with the function or dignity of any public office under this constitution and whose members were sworn to observe oaths of secrecy; or
c. The activities of which are not known to the public at large, the names of whose members are kept secret and whose meetings and other activities are held in secret.
Unlawful societies in s. 62A of the Criminal Code law of Nigeria were defined in terms of being formed for the purposes of levying war, killing or injuring one, subversion, violence or intimidations and the National Council of Ministers was given the right to make a formal order declaring any society to be unlawful and dangerous to the good governance of Nigeria or any of its part. This law was made when Southern Cameroon was being administered as part of Nigeria.
By the Unlawful Societies Order made pursuant to the above law, several societies were made unlawful both in Nigeria and Cameroon. In all these, no mention was made of Ekpe, even though Ekpe was in full sway then. One of our tools of interpretation is that express mention of things excludes things not specifically mentioned. Specific societies were mentioned in the Order but Ekpe was not!
T. A ORJI & ANOR V. ONYEMA UGOCHUKWU & ORS [SUIT NO. CA/PH/EPT/197/08; (2009) JELR 46749; (2009-2012) AGLR 175] and PPA V. UGOCHUKWU (2009-2012) AGLR 356 are court’s pronouncement on definition/description of secret society where membership of Okija secret society was in issue. There the court held:
From the cumulative deduction and parameter of the evidence before the lower tribunal, the summary is that the ascription of Okija shrine being a secret society has no foundation but a mirage. In the absence of establishing the shrine falling within the definition under S. 318 CFRN there can be no imputation upon the 1st appellant being a member of a non-existent such society designated as Okija secret society. The membership is solely dependent and subject upon the former which ought first be established i.e to say that the said Okija shrine is indeed a secret society having been prohibited and outlawed either by legislation or judicial pronouncement in the court of law…
PPA V. UGOCHUKWU (2009-2012) was more emphatic thus:
‘By its definition, a ‘secret society’ is a secret body. Once any of its members brings to court evidence of its activities, then that society ceases to be a secret society. The evidence of PW 5 who claimed to be the Secretary General of Okija secret society and the subsequent tendering and admission of EXH. H5 was a clear indication that the activities at Okija shrine are not secret after all. To that extent, I am of the firm view that there was no evidence before the tribunal that Okija shrine is a secret society’
Flowing from the above reasoning, Ekpe may strictly not be a secret society in the sense the mischievous ones take it but instead may be referred to as an exclusive society. On this, N. E Obuba in his book titled ‘The History and Culture of Ohafia from 1432 to 2008, Collated Oral Tradition’ had the same idea writing that the only thing that gives it the iota of secrecy is the exclusiveness to mature male folk.
Conflict Management and Resolution in a Traditional Setting:
In the precolonial days, our societies resort to traditional ways of settling disputes as they arise. After colonialism, we started contending with the effect of modernity on our traditional forms of resolving conflicts which the juridical Ekpe Society played a significant role in. Most studies on this Ekpe Society focused largely on its being an adult male secret cult, thereby neglecting the important role it plays in conflict management. Ekpe exercises social practices that ensure effective conflict management for members and non-members in the land as pointed out by UGOCHUKWU SAMUEL, ANIGA in his work titled Hermeneutics of Ọkonko Social Practices in Conflict Management in Umuahia, Abia State, Nigeria (2017).
Where any conflict arises in traditional society, the elders of the kindred/clan are consulted to help resolve it. Other bodies that might be appealed to for local arbitration may include the age-grade society and the Ekpe society. Resort may equally be taken away from human tribunals and given to the supernatural in form of oath taking. This last option is resorted to when all the tribunals of the land fail to give the litigants satisfaction. The Nigerian courts in cases like Onyenge v. Ebere (2014) All FWLR (pt 219) 981 and Umeh v. Okpalaima (2016) All FWLR (pt 865) 112 recognized oath taking as one of the traditional ways of establishing the truth. Amongst the Efiks, Ekpe has the mbiam oath it administers.
Kofi Quashigah in his article titled ‘Reflections on the Judicial Process in Traditional Africa’ published in The Nigerian Juridical Review (1989-1990) 4 Nig. J. R had this to say on oath taking:
‘The administration of the oath took a matter out of the hands of mortals and placed it in the laps of the gods; the gods were then awaited, even for years, to either exonerate or condemn the accused. Refusal by the defendant to take the oath was taken as a confession of guilt, while its acceptance by the defendant was an indication of “not guilty”’.
Under the Nigerian law, decisions of arbitral bodies like the Ekpe are binding on parties and serve as res judicata where the following are met:
- A voluntary submission of the matter in dispute to an arbitration of one or more persons;
- An agreement of the parties either expressly or by implication that the decision of the arbitration will be accepted as final and binding;
- That the said arbitration was in accordance with the custom of the parties or their trade or business;
- That the arbitrators reached a decision and published their award; and
- That the decision or award was accepted at the time it was made.
See decisions in cases like: Okwaranyia v. Eke (1996) 3 NWLR (Pt.436) 335; Ohiaeri v. Akabueze (1992) NWLR (Pt.221) 1; Iwuala v. Chima (2016) LPELR – 40970 (CA); Duru & Ors v. Duru & Ors (2017) LPELR – 42490 (CA)
It must be pointed out straightaway that decisions made by Ekpe met the above criteria hence binding on parties and could be acted upon by the regular English courts.
In traditional settings today, Ekpe plays a crucial role in the traditional conflict management of the people being a society performing a number of important executive and judicial functions. When acting as the village police, Ekpe enforces the verdicts of the village assembly by taking possession of properties of a defaulting party pending when all issues are resolved and mostly acts as a kind of a final court of appeal in land matters.
In land dispute, when Ekpe is consulted, oghiri/oboti/ogirisi/ikeni leaves are placed on the land as an injunction signifying that Ekpe has been consulted to determine issues concerning the land. To the Ekpe, oghiri/oboti/ogirisi/ikeni leaf is of a physical, legal and spiritual symbolism. It is the flag of the Ekpe society, respected, honoured and revered as done to national flags of countries. When it is placed, the defendant of a certainty knows that he is not to enter the land until Ekpe finally disposes of any dispute.
During deliberations, the oghiri/oboti/ogirisi/ikeni leaf is lowered for non-initiates to be allowed in. This, in the spirit of fairness and natural justice, is meant to accommodate women and all non-initiates. In this modern era, Ekpe is organized and most times work with the law enforcement agents to keep the peace having nothing to hide. They are relatively transparent and work with integrity for lasting peace in the community.
CONCLUSIONS:
It is really worthwhile having Ekpe around us in this era. On the surface it seems that Ekpe is declining but in reality, one can say without any fear of contradiction that there is a renewed interest shown in its activities. People today increasingly rely on Ekpe to settle their differences, including churches, unwittingly! Sometime about 2005-2010, Ekpe intervened in intra-church disputes in two separate Pentecostal churches in my Uzuakoli community. The peace they brought still stands till date.
However, there are still some grey areas between Ekpe and some unscrupulous Christians seeking to drive a hedge between Ekpe and the church/government. My Uzuakoli community in 2023 had a scenario that nearly resulted in a fiasco as a particular church decided to hold its crusade/night vigil on a particular night all know belonged to Ekpe. It took the wisdom enshrined in Ekpe to get the situation under control and the church quickly dispersed. One curious thing is that the said church has initiates that ought to have advised against holding whatever they tried holding on the said night in the spirit of giving to Ceaser what is his and God what is his- golden rule principle. Thank you.
*Nnamdi Anyaogu Okorie Esq, a legal practitioner is the secretary of Okonko Uzuakoli Heritage, a platform for the promotion and sustenance of Ekpe heritage in Uzuakoli and equally is an initiate of Ekpe Efik Iboku.
