Navigating Crime and Punishment in Mbumland (1779-1996): An Analysis of Indigenous, Colonial, and Post-Colonial Justice Systems

Abstract

Justice is a central pillar of social order, and its administration reflects the historical, cultural, and institutional realities of a society. This study examines crimes and punishment in Mbumland between 1779 and 1996 through a historical analysis of indigenous, colonial, and post-colonial justice systems. Employing a qualitative historical methodology grounded in legal pluralism, the research draws on archival materials, doctrinal analysis, and relevant secondary literature to trace the evolution of justice administration across these three interconnected periods. The findings reveal that pre-colonial justice in Mbumland was largely community-centered and reconciliation-oriented, prioritizing restitution and social cohesion in addressing crimes and punishment; the colonial era introduced codified laws and formal courts that reshaped indigenous justice systems; and the post-colonial period inherited and reconfigured this dual structure, resulting in a plural justice framework marked by jurisdictional overlaps and institutional tensions. The study argues that the effectiveness of crimes and punishment in Mbumland has historically depended less on punitive severity and more on legitimacy, accessibility, and structural coherence. By offering a localized and periodized examination of justice systems in Mbumland, this research contributes to broader historical perspectives on the interaction between indigenous, colonial, and post-colonial legal orders and their enduring implications for justice administration.