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Ambiguities of Colonial Law: the Case of Muhammadu Aminu, Former Political Agent and Chief Alkali of Kano
Published online by Cambridge University Press: 09 May 2014
Extract
Colonial law in Africa involved European moral and legal codes representing some rules of western law, as well as elements of African customary law. However, the colonial situation embodying political and economic domination necessarily negated the ideal practice of the rule of law. Nevertheless, the need arose to introduce some aspects of western law and codes of administration, including salary and benefits schemes for African employees of the colonial government, and legal entitlements such as court trials for accused government employees. These considerations were deemed necessary, if at least to propitiate metropolitan critics of the colonial establishment. Also some rule of law was required for the organization of the colonial economy, including regulation of productive systems and commercial relations. As well, the need for indigenous support necessitated dabbling in indigenous customary conventions. In Muslim polities such as Kano in northern Nigeria, customary conventions included Islamic law.
On the establishment of colonial rule in Kano, judicial administration was organized on three principal institutions, involving the resident's provincial court, the judicial council (emir's court), and the chief alkali's court in Kano City with corresponding district alkali courts. The resident's provincial court had jurisdiction over colonial civil servants, including African employees such as soldiers, police constables, clerks and political agents. Also, the provincial court was responsible for enforcing the abolition of the slave trade in the region. The judicial council, classified as “Grade A” court, was composed of the emir, the waziri (chief legal counselor), the chief alkali of Kano (chief judge), the imam (the religious leader of Kano mosque), the ma'aji (treasurer), and general assistants including some notable scholars of Kano city. The council adopted the sha'ria (Muslim law) and local Hausa custom, and its jurisdiction extended over “matters of violence, questions of taxation and administration, and cases involving property rights, whether over land, livestock, trade goods, or slaves.” On the issue of capital sentencing, the judicial council required the approval of the resident. The council was also prohibited from authorizing punishments involving torture, mutilation, or decapitation.
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References
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10 In Kano province, some of the political agents who became alkalai included Abdullahi (Azare district of Katagum division), Usman (Messau district of Katagum division), and Sard of Kano city. (AHAK, M. Porch, D.O. Katagum Division, 31 December 1918, Annual Report on Chiefs for the Year 1918, Kano Province; Hajiya Halimatu Uwani Yusuf, Kano, 15 August 1993, interview by Umar Adamu on behalf of Philip Afeadie: Q. What about the law, can you remember any judge. Do you know about Alkali Aminu?
A. I don't know him, but I knew Alkali Sani. He lived behind the prison. His house was not far from the old library. I used to see him on horseback in the morning on his way to the office together with his escorts. We were told he was a judge. I was then in elementary school at Gidan Makama. We were all girls in that school).
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19 Ibid.
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27 In 1918 Chief Alkali Abdullahi of Katagum was drawing £180 a year while Usman, the district alkali of Mesau in the same Katagum Division of Kano Province was earning annual income of £96. (AHAK, M. Porch, D.O. Katagum Division, Annual Report on Chiefs for the Year 1918, Kano Province (Katagum Division).
28 SNP 8 10/1921 T.A.G. Budgen, District Officer, Kano Division, to Resident of Kano Province (K.D. no.158/1920), 1 March 1921, the Appointment of Alkalin Kano.
29 No money, no justice.
30 For related practice and clientage activities see Smith, “Traditions of Corruption,” 171, 179-83.
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33 Knowledge of government orders and regulations constituted a vital commodity for service assistants, who would turn double agents and deal with indigenous chiefs and elites of society.
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35 “Name, rank (grade) - Abdullahi, Chief Alkali; Tribe or Race - Filani-Beriberi; Age of appointment - 29; Name of district - Azare; Date of appointment—10 October 1910; Approximate income - £180 p.a. Formerly Government Mallam and son of ex-Alkali Mohamma of Katagum; A very able jurist of the highest integrity commanding the respect of the Katagum Emirate. His opinion on legal matters have been of great assistance to the District Officer;” AHAK, M. Porch, D.O. Katagum Division, Annual Report on Chiefs for the Year 1918, Kano Province (Katagum Division).
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39 Afeadie, Brokering Colonial Rule, chapter 7.
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42 Marginal note from Kaduna: “of course he did!”
43 Meaning, Jafaru would not succumb to corruption.
44 SNP 8 10/1921 G.J.F. Tomlinson, 5 May 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
45 SNP 8 10/1921 Minute by the Attorney General, Donald Kingdom, 26 May 1921, the Appointment of Alkalin Kano.
46 Emphasis mine.
47 SNP 8 10/1921 H.R. Palmer, Acting Lieutenant Governor, 10 July 1921, Fictitious Ransom—Vide Paragraphs 14, 17, 18 and 20 of the Honourable Attorney-General's Minute of 26 May; the Appointment of Alkalin Kano.
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51 SNP 8 10/1921 E. Arnett, Resident of Kano Province to Secretary, Northern Provinces, Kaduna (conf. no.264/1921), 2 August 1922; the Appointment of Alkalin Kano.
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53 Prior to 1914 many political agents held important positions in the subordinate administration, including district head, treasurer, and alkali: Afeadie, Philip Atsu, “The Hidden Hand of Overrule: Political Agents and the Establishment of British Colonial Rule in Northern Nigeria, 1886-1914” (Ph.D., York University, 1996), chapter 7.Google Scholar
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