Prof Akin Oyebode’s contribution to the teaching of Natural Law

Prof. Oyebode’s major contribution is in the area of the natural law theory. He started his study of natural law by referring to afro Asian antecedents. He traced the origin of civilisation to Africa. He stated that most of the artefacts, books and materials that represented civilisation in Greek or Europe were gotten from Egypt when Alexandra waged war against Egypt. Prof.Oyebode in his book, Law and Nation Building in Nigeria, examined the afro Asian antecedent of natural law in relation to law and religion. He stated that religion and natural law has its roots buried in antiquity in Africa and Asian countries such as Egypt, Mesopotamia, china and India.  He referred to the Egyptians who had in the 42 books of Hermes, the order of priests who were involved in the dispensation of justice. Oyebode opined that the construction of the gigantic architectural edifices warranted the harnessing of the labour of millions who could only have been kept in check through the invocation of divine will in the utterances and actions of the oriental despots.

He made comparison between li and Fa and the Yoruba jurisprudence. Li entailed the existence of an eternal natural order underlying both the human society and the non-human world (Tao). However, in all areas where li cannot be made to apply, Fa (law or force) must be employed in order to maintain order through the fear of sanction or force. The omoluabi in Yoruba culture exhibits a sense of shame just as in China which is totally lacking in the odaju. This sense of shame becomes the acid test of good and proper upbringing and serves as a check against misconduct. The omoluabi is perfectly conscious of ewo (abomination) and would not act in any way that would invite opprobrium and distaste from right- thinking members of society generally. Thus, public opinion rather than sanction of law is an important aspect of proper conduct within Yoruba society.

          Prof.Oyebode adduces that during the ancient civilisation, there was no equality in natural law.  He referred to the Hammurabi code, the India caste system, the instrument workalis in Rome and the implications of the five relationships in china to show the absence of an egalitarian society. On this basis he examined the case of Adewole v Jakande to examine the futility in the idea of equality as expounded by Socrates and Aristottles. Prof. Oyebode also examined the greek philosophy which posited that the laws of the city state (Nomos) must synchronise with the laws of heaven (Logos ) to achieve cosmological harmony and social equilibrium. Consequently,Where there is disharmony there will be chaos which will require deus ex machina. In relation to the sophist perspective, prof. Oyebode justified their relativist concept of natural law by referring to how natural law was used to justify feudalism, the French revolution and the patriarchal system.

Under the Age of reason, Thomas Hobbes and John Locke analysed the social contract theory in order to justify the powers of the state as contained in the preamble of the 1999 condition, the French declaration of July 1789, the American declaration of independence,1776, the bill of rights, magna carta 1215 and chapter 4 of the 1999 constitution. The concept of neo naturalism envisions the modern concept of naturalism. Natural law brought about the fundamental human rights, the concept of equality and democracy, the French revolution; it has also become the philosophical basis in criticizing unjust laws such as the repugnancy doctrine in the customary law.

Prof Oyebode in his book law and nation building upheld the divine law by stating how the law of man has occasioned chaos in the recent years. He referred to the atrocities of the Nazis, bestiality of the Vietnam War, the massive loss of life and the mayhem in central Europe, North Africa and the Balkans to demonstrate the superiority of the laws of God. Prof Oyebode also made a contradistinction between the rule of force and the rule of law. To him the rule of law represents advancement on the short, solitary, nasty, brutish state of nature while the rule of force is the antithesis of the rule of law as was evident in the Nuremberg trial.