By Janet Adegboye
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The Yoruba speaking people of South Western Nigeria are located in Lagos, Oyo, Osun, Ondo, Ekiti, Ogun and some parts of Kwara State. Beyond the coast of Nigeria, some Yoruba people spread around Togo and Benin Republic. They are predominantly farmers planting food crops and later some cash crops like cocoa, kolanut and coffee. They also engage in other activities like hunting, weaving, traditional medicine and trading of various items within the community and with other communities on market days. Apart from their occupational activities, they engage in various social, religious and political activities which requires commitment and responsibilities from them.
A debt is what one owes another and in pre colonial Yoruba society, indebtedness is considered as an act of great immorality. Everyone tries as much as possible to avoid it except if it is unavoidably necessary because it eventually involves all the family members both immediate and extended. Yoruba people frowned at it because both the debtor, his parents, his children and grandchildren are affected. In fact, it has the tendency of creating future poverty for their children and unborn children. Sometimes, family members have to support in paying up the debt because of the negative consequences on the family’s name and integrity.
In the past, people become indebted by borrowing something, money or buying something on credit from someone with a promise to pay back within a stipulated time. However, there are many reasons why people run into indebtedness. They borrow to pay dowry of a bride; in fact some men have to labour hard and long to get £12.10s or 20,000 cowries which was the minimum amount required for bride price or dowry. They borrow to pay tax because it was a bit difficult to evade tax then, to meet up with parents burial rite requirements, to buy farm land, to cure sickness, to address or prevent calamity and misfortune e.t.c.
There were some important personalities in Yoruba land who were noted for their great wealth from whom people borrowed money. They include Ameluku of Ore (Ondo State), Gedegbe of Ofa, Lapemo of Ijomu, and a woman called Olowo Ijebu in Ogun State. Some people were later licenced to lend money to people.
There were procedures for lending and borrowing money then. Before anyone is given a loan, there must be a guarantor in case of death or any default in payment. Likewise, the condition of payment and interest on the loan are clearly defined. The loan may be given out on compassionate ground (if a relation), to be paid at the borrower convenience or he produces something tangible as security or he himself agrees to work for the lender in lieu of payment.
Pawning
Pawning is a very important thing to the lender. He demands that something or somebody is produced to serve or stand in as security for the loan. Various things were used to pawn ranging from house, land, farm plantation and human being called iwofa.
Iwofa System
Iwofa is the name given to someone that serves another person periodically in lieu of interest on loan. Iwofa system is a means by which creditors get interest on money lent out. Sometimes, the system is compared to slavery by people that are ignorant of the law guiding iwofa system. Iwofa is a man or woman whose social status, civil and political right remain intact except that he is subject to his master. The distinction between slavery and iwofa system lies in the area of acquisition, fundamental right, freedom, residence, responsibilities and treatment. Iwofa in Yoruba means entering into six days service. He is to serve the master for six days in a week while he has one free day to himself. To enter into iwofa contract, a witness, the lender and the iwofa himself must be present. Iwofa gets his freedom immediately the loan is paid.
Iwofa can be a man or woman, boy or girl as the case may be but the law treats them differently. If iwofa is a man, he may live in his own house or in his master’s house (if the master is rich or a chief). He mingles with his equals both at home and in the farm and must not be punished either physically or otherwise. In case of any problem, the sponsors are called upon to make up the deficiency. Iwofa if a woman works as char woman as well as working in the farm particularly during harvest. She can engage in trade and bring the proceeds to her master. If she is sexually abused by the master, the debt is considered paid and cancelled and the accused is prosecuted. Heavy fines are levied on him to be paid as damaged to her husband and to town council authority as court fines. If a young unmarried woman is sexually abused by the master, the loan is cancelled. The master has to pay to her fiance all the money he already spent on her and pays the dowry of the woman to her parents. If the case is not resolved amicably, the case is taken to town authority and the accused is made to pay heavy fine. Infact most rich men were reduced to poverty because of this act hence they were very careful.
If a betrothed girl becomes marriageable while in service and the fiance wants to marry her, he has to pay up the debt and marry her. A boy or girl in service has to live with the master or mistress as domestic servant. He or she is fed and clothed by the master (though clothing is not compulsory) and he is allowed to visit his parents once in a week. The law protects the child in service and if he refuses to continue working for his master, he cannot be forced to continue. The child must not die in service else the master must proof to the parent and the community that the did not die because of overlabour or negligence. The debt is cancelled and the master foot the bill of the iwofa burial. If the parents of iwofa (the borrower)dies, he continues serving the master until he sees a relation to pay the debt otherwise he remains iwofa for life.
The usual arrangements for debt settlement is by cash, services, marriage e.t.c within a mutually agreed and specific period. However for one reason or the other, the debtors fail to pay the loan as agreed and the creditors adopt different methods to force incorrigible debtors to pay.
The creditor could report the case to the town authority taking some kolanut and money to make official report. The debtor is called upon who also make the same payment to the authority. After listening to both of them, the debtor is mandated to pay within a given period.
Ogo System
Another means of forcing debtors to pay is by using ogo system. To ‘dogo’ means to stand or sit in the house of the debtor untill the Money is paid. Individual can apply ogo system to collect money from debtors and there were professional ogo who forcefully and unfailingly collect money from debtors. The traders who sell goods on credit to their customers and borrow money to people on compassionate ground apply the individual ogo system. She or her child can go and sit in the house of the debtor untill the money is paid. If she sends her child, the child remains there except the debtor has gone to beg the mother at home to give him more time. If the mother agrees, she gives her personal belonging to the debtor to give the ogo. On seeing the mothers belonging he knows the mother wants him back at home. In the like manner, the creditor can go to the debtor’s house with ‘Eko elewe or agidi’ (cooked palm wrapped in leaf) with the intention to eat in debtors house.It is believed that eating Eko in a debtor’s house will bring calamity and it is forbidden. Such action may lead to abandonment of the house by the dwellers either as a result of continuous death or terrible sickness. In fact, the debtor will not allow this to happen before he runs around to look for money to offset the debt.
The professional ogo system are licenced debt collector who enters the debtors premises, hangs around if he is not around until he shows up. He will make himself an intolerable nuisance to him and the neighbours until the money is paid. The licenced ogo is somebody with imperturbable character with foul tongue. He adopts any method he likes to collect the money. He may inflict his presence and attention on the debtor wherever he goes, deny him of his privacy, use his tongue most fouly upon him and sings derogatory songs. He may pour water on his sleeping mat, he may start beating drum at midnight to prevent him and his neighbours from sleeping. As loud and bad his abuses are, he must not be touched or beaten by the debtor. He demands and obtains whatever diet he required. Infact, if there is any delay, he can lay hands on any poultry or cattle he finds around, kills and prepares food for himself all at the expense of the debtor but he must not take anything away.
Osomalo system
This is another version of ogo system used by Ijesha traders to collect money forcefully from the debtors. Osomalo means oso ni ma lo gbowo mi meaning I will remain squatting until I collect my money. It is a very difficult task to stay squatting for a long period, else the creditor may collapse, faint or die while squatting. It is forbidden for the creditor to die in the debtor’s house. With this, the debtor knows he has to run as fast as possible to look for a way to pay the loan within the shortest period. The debtor may go to the elders in the community to help him plead with the creditor to give him more time to pay.
Using special people to collect money
Another means of forcing debtors to pay money by the Yoruba people is by using the special people. They are regarded special because they are seen as misfits in the society i.e people that are infected with infectious diseases like tuberculosis, epilepsy, leprosy, small pox, chronic sores e.t.c. They are people who don’t live in the midst of people because of the fear of being infected. These special people will follow the debtor to wherever he goes, dip hands in his pot of drinking water, throw saliva on the floor of his room and in his pot of soup, cough vigorously and make life miserable for him. The neighbours in the fear of being infected will gather money to support the debtor to pay off the debt with the fear of being infected.
Something valuable that worth the sum of money owed can be carted away from the debtors house by the creditor to indemnify to the debt. The creditor can also employ the services of hooligans to collect his money from the debtor. The hooligans go to the debtors house, subject him to all sorts of humiliation like removing the roof of his house, locking him outside his house until the money is paid.
Conclusion
Though these systems of settling debt saved some business men and creditors in the ancient time from going into bankruptcy, yet it was not without shortcomings. The iwofa system though not slavery restricted the freedom of the victim while the real borrower of the money walks freely. The services rendered by iwofa as the interest on the principal outweigh the principal loan which will still be paid eventually. The ogo system if not carefully managed may lead to break down of law and order or peace in the neighborhood and outbreak of epidemic. However, some parents in the past utilised the opportunity of iwofa system to train their lazy children into habits of discipline and industry by borrowing money which they don’t even need from the lender and using their children to pawn.
A lot of financial opportunities like ajo(daily saving),esusu(contribution to be collected rotationally), cooperative societies, microfinance banks and other financial institutions have taken over the traditional loan system and the modalities of payment are well structured to prevent such ills and embarrassment in the traditional loan statement.
Adegboye works with National Museum
