Trial by Oil | National Geographic

TL;DR

In West Africa, trial by boiling oil is still practiced as a measure of conviction, where the guilty is believed to be burned by the oil while the innocent remains unharmed.

Transcript

today in West Africa most towns have official government courts but in many criminal matters local Chiefs still rule Supreme and their tools of Justice can be severe in the village of kabo in Northern Togo two men are being called to trial not a trial by jury but a trial by ordeal my friend I'm looking for you agba is a farmer and has accused anoth... Read More

Key Insights

• 👨‍⚖️ Many towns in West Africa still rely on traditional justice systems, even with the presence of official government courts.
• 🛢️ Trial by boiling oil is considered a last resort when there is no hard evidence and both the accused and the accuser are convinced of their own innocence or guilt.
• 🚻 The burden of proof rests on the accused in trial by boiling oil, unlike Western court systems.

Questions & Answers

Q: How does trial by boiling oil differ from Western court systems?

Trial by boiling oil places the burden of proof on the accused rather than the accuser, and the outcome relies on supernatural beliefs about the power of the oil to identify guilt or innocence. Western court systems, on the other hand, rely on evidence, legal procedures, and the presumption of innocence.

Q: Why is trial by boiling oil considered a last resort in Togo?

Trial by boiling oil is considered a last resort in Togo because it is an extreme form of justice that relies on supernatural beliefs rather than legal principles. It is only used when there is no hard evidence and when both the accused and the accuser are convinced of their own innocence or guilt.

Q: What are the consequences for the guilty in a trial by boiling oil?

In this particular case, the guilty party, Niko, must replace the stolen yams, pay a fine of $20, which is roughly a month's salary, and also present the chief with a ram and a white cock. These consequences serve as a form of restitution and deter future misconduct.

Q: How does the trial by boiling oil impact the community's perception of justice?

The trial by boiling oil reinforces the belief in supernatural powers and the community's reliance on traditional justice systems. It also serves as a public spectacle and a form of social control, where the fear of punishment deters individuals from committing crimes within the community.

Summary & Key Takeaways

• In many towns in West Africa, local Chiefs still hold ultimate power in criminal matters, despite the existence of official government courts.

• In the village of Kabo in Northern Togo, two men, Agba and Niko, are accused of theft and are subjected to a trial by ordeal involving plunging their hands into a pot of boiling oil.

• The belief is that if the accused are guilty, the oil will burn them, but if they are innocent, they will be unharmed.