By whom trials were conducted
In the past there was no clear distinction between administrative and judicial functions both duties were vested in the same person, the Obeneken and village council. Petty cases within a family were settled by the quarter head and elders; other disputes were head by the Obeneken (village headman) and the Agbanikpirigbere has been discussed in the section on administration (para so).

There was no higher authority than the village council, so disputes between members of two different villages were before the council of a third village. No distinction was made between aril and criminal matters.  All cases were disputes between two persons or groups of people proceedings were always instituted by the injured party except that in the cases of a fight, the people who separated the combatants might report to the Obeneken these people would become witnesses in the case; they would not form the prosecution.

No man accused another directly of an offence or of a debt, because, in the old days, he might have been assaulted and driven away if his debtor lived in another village.  Proceedings were instituted by the complainant who sent a neutral person from another village as an intermediary to lay the change before the defendant.

The undermediary, called an Aburuvie, traveled between the two parties until they had agreed upon which village council are to hear the case.  If the parties where in different villages, the intermediary was a man from a third village and the council chosen was that of an independent fourth village, not that of either parties nor of the intermediary. Sometimes if the matter was not serious enough to need an independent council to try the case, but required mutual arrangement, the councils of the two villages met together and discussed the matter. There was no fixed place at which trials were held, an open place in the village was generally used, or they might take place aside or in front of the Obenekens house.

Mode of Trial

When the case was tried and the intermediary was the first person to be called, he explained the disputes in detail to the council and related all the massages he has carried.  Then the first person to employ the messenger was called and after him the defendant.  Intermediaries are still used in the majority of cases although the original cases for their employment no longer exists.

Fees of bottles of gin were paid by both parties to the council trying the case, the number of bottles varies with the gravity of the case.  They were consumed as soon on the judgment was given. It certain was always acted as spokesman in each council.  He asked questions and did all the talking for the council.  He was not the Obeneken. After hearing the evidence, the Agbanikpiri-gbene, accompanied sometimes by elders who were not specifically members of the Agbanikpirigbene, went aside or sent the people away and consulted when they had reached their decision they returned or recalled the people and the spokesman announced the decision.

If the case was between people in different villages they traveled by canoe, with drums laying, to the third village where the case was to be tried.  Before the case  was begun, the drummer called to the members of the council by their drum titles  and they replied.  Today everyman who has come to the age of wrestling has a title. The contesting parties in a big case usually laid a bet between each other on the outcome of the case.  Frequently the stake was a girl from each side, otherwise it was some pieces of cloth or goods; the stakes were left with one of the Agbanikpirigbene trying the case.  The successful party took both girls or all the goods.

Appeal

If both parties were dissatisfied with a decision they took the case before the council of another village.  If its decision was not satisfactory the parties visited the long juju.  Otherwise there was no appeal from the decision of a village council.  Except for visits to the long juju in there circumstances and in certain witchcraft cases, it was not the practice for parties to swear juju as a method of settling disputes.

Abgella Society

In the olden days in every village, except one or two of the smallest, there was a society called Agballa.  The members of the society were the strongest and bravest men in the village.  It was a dancing and wrestling club and played important part in the ancient judicial system. The members of the club enforece the decision of the obereken council, brought people before the council when oderedd, and acted generally as debt collectors. they perform not only in their own village but in other village in the group.

Enforcement of Civil Judgements

If a person wishes the Agbella to collect a debt for him, he approved the members of the Agbella in his own or another village, which ever wee most efficient, and explained that he was owned a sum of money by a certain person who would not repay him. The members of the Agbella than ambushed the debtors; if he could not be found they seized one or two member of his family.  The debtors or the capture people were bound and held until a large party the debt was paid by the debtors or his family. The creditors paid a portion of the debt collected to the members of the Agbella for  their service. However this society  ceased to exist many years ago.

Punishment

In the past the offender in the majority of cases was punished by having to pay compensation.  The amount of compensation varied slightly between different village, but the amount state below were the most general.

• If a man was convicted of a  willful homicide  he was handed over to the deceased’s family to be killed in the same way as he killed the deceased. A girl had to be paid by the accused to the deceased is family
• If the killing was found to the accidental the accused was not killed but a girl had to be paid as compensation.
• If a woman was caught alone outside a house and some one subsequently died in the house, the woman was charged with witchcraft and a girl had to be paid by her family to the deceased’s family.
• A man who admitted killing some one by bad medicine was not harmed, he had to pay a girl as compensation. if he denied the charge, he and the accuser laid a bet of a girl each and went to the long juju to settle the matter. If he was found guilty, he only lost his stake.
• A convicted thief had to compensate the owner of the goods and often in young palm leaves and paraded round the creek of village.
• Judgment in a case assault was for the a accused  to pay a native doctor to cure the victim and to undergo all expenses until he was restore to health.
• Damages were paid for adultery, covenants were made between village or between family or friend regulating the amount of adultery damages to be paid.  It might be five, ten or twenty cases of gin.  Covenant were some time made were by no damages were to be paid.
• If the offence was committed in the bush extra damages had to be paid to appease spirit of the land.  A cock, a bunch of plantains, a demi-john of tombo, some pepper and salt were paid to the husband.  These were cooked at the place were the adultery was committed  and a small portion of the food was place on the ground.
• If a girl was betrothed, damages were the same for adultery.  If she was not betrothed or married, it was no offence. Violence or lack of consent made no difference.