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Published online by Cambridge University Press: 09 May 2014
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.
1 Groff, David, “The Dynamics of Collaboration and the Rule of Law in French West Africa: the Case of Kwame Kangah of Assikasso (Cote d'Ivoire) 1898-1922” in Mann, Kristin and Roberts, Richard, eds., Law in Colonial Africa (Portsmouth NH, 1991), 147Google Scholar; Washbrook, D.A., “India, 1818-1860” in Porter, Andrew, ed., Oxford History of British Empire, 3 (Oxford, 1999), 402, 414.Google Scholar
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7 Afeadie, Philip, Brokering Colonial Rule: Political Agents in Northern Nigeria, 1886-1914 (Saarbrucken, 2008), 112–17.Google Scholar
8 East, Rupert, trans, and ed., Akiga's Story (London, 1965), 394Google Scholar; SNP 6/4 27/1908 Resident Kontagora, W.S. Sharpe to the Secretary (conf. 2/1908), Kontagora, 14 February 1908, enclosed in Reduction of Native Staff, Kontagora Province; Arewa House Archives, Kaduna (AHAK), H. Hale Middleton, D.O. ii, 31 December 1917, Native Staff Confidential Report, Kano, 1917.
9 “Malam Sani—Political Agent; first appointment—ca. April 1909; present age—41; native of—Katagum; salary—£30 p.a. As an Arabic scribe Malam Sani is a quick writer and a fluent and accurate translator and reader—in fact one of the best I know in this country. He also possesses a very useful knowledge of Muhammedan Law. So much of his time is spent with the District Officer either in the office or on tour that he probably does not have much opportunity [as political agent] for picking up information. Such as he does bring is generally correct but I suspect him of concealing much that he knows. Is inclined to suffer from swollen head but is a hard worker and intellectually well above average.” For his part, “Malam Jafaru—Political Agent; Rate of Pay—£42 p.a.; Date of first appointment—1 September 1908. An industrious, courteous, scholar.” (AHAK, H. Hale Middleton, D.O. ii, 31 December 1917, Native Staff Confidential Report, Kano, 1917; AHAK, Gowers, 1 March 1918, Native Staff Confidential Report, Kano 1918).
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).
11 Spear, Thomas, “Neo-Traditionalism and the Limits of Invention in British Colonial Africa,” JAH 44(2003), 16CrossRefGoogle Scholar; see also Shadle, Brett L., ‘“Changing Traditions to Meet Current Altering Conditions”: Customary Law, African Courts and the Rejection of Codification in Kenya, 1930-60,” JAH 40(1999), 411–13.Google Scholar
12 Paden, John, Religion and Political Culture in Kano (Los Angeles, 1973), 227, 274Google Scholar; Zahradeen, M.S., “The Place of Mosques in Kano” in Barkindo, Bawuro M., ed., Studies in the History of Kano (Kano, 1983), 60, 63Google Scholar; Ado-Kurawa, Ibrahim, The Jihad in Kano (Kano, 1989), 91, 93.Google Scholar
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14 SNP 8/10 1921 (conf. no.27/1921) A.C.G. Hastings, Acting Resident Kano to Secretary of Northern Provinces in Kaduna, Provincial Office, Kano, 19 January 1921, enclosed in Appointment of Alkalin Kano.
15 SNP 8/10 1921 (conf. no.27/1921) A.C.G. Hastings, Acting Resident Kano to Secretary of Northern Provinces in Kaduna, Provincial Office, Kano, 19 January 1921, enclosed in Appointment of Alkalin Kano.
16 Lovejoy, /Hogendorn, , Slow Death for Slavery, 255–57Google Scholar; Fika, , British Overrule, 201Google Scholar; SNP 8/10 1921 (conf. no.27/1921) A.C.G. Hastings, Acting Resident Kano to Secretary of Northern Provinces in Kaduna, Provincial Office, Kano, 19 January 1921, and Secretary of Northern Provinces to the Chief Secretary to the Government in Lagos, Kaduna, 16 August 1922, enclosed in Appointment of Alkalin Kano: Chief Alkali Aminu was removed from office in February 1921, and was succeeded in April by Mallam Amadu, who held office for a year until replaced in August 1922 by Mallam Jafaru, formerly a political agent.
17 Christelow, , “Women and the Law,” 134–35Google Scholar; Lovejoy, /Hogendorn, , Slow Death for Slavery, 238–58.Google Scholar
18 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.
19 Ibid.
20 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.
21 Lovejoy, /Hogendorn, , Slow Death for Slavery, 253.Google Scholar
22 SNP 8 10/1921 Case no.1/K.D. 1/1921, In the Provincial Court of Kano, at Kano, 12 January 1921, before Major T.A.G. Budgen, D.O. i/c Kano Division; the Appointment of Alkalin Kano.
23 SNP 8 10/1921 Case no.1/K.D. 1/1921, In the Provincial Court of Kano, at Kano, 24 January 1921, before Major T.A.G. Budgen, D.O. i/c Kano Division; the Appointment of Alkalin Kano.
24 SNP 8 10/1921 The Provincial Office, Kano, 19 January 1921, A.C.G. Hastings, Acting Resident Kano, to Secretary, Northern Provinces, Kaduna (conf.27/21); the Appointment of Alkalin Kano.
25 SNP 8 10/1921 Minute by the Crown Solicitor, J. Cranen to Secretary, Northern Provinces, Kaduna (N.C. 71/1921), 28 January 1921, Investigation into Conduct of Alkalin Kano, Muhammadu Aminu, enclosed in Appointment of Alkalin Kano.
26 SNP 8 10/1921 E. Amett to Acting Resident Kano (N.C. 71/1921), 31 January 1921, Investigation into Conduct of Alkalin Kano, Muhammadu Aminu, enclosed in Appointment of Alkalin Kano.
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.
31 Mallam Dawu (Da'u) was the son of ex-Emir Aliyu Babba of Kano; see Afeadie, Philip Atsu, “Spoken Reminiscences of Political Agents in Northern Nigeria II,” HA 35(2008), 25–62.Google Scholar
32 SNP 8 10/1921 The Provincial Office, Kano, 2 March 1921, A.C.G. Hastings, Acting Resident Kano, to Lieutenant-Governor, Northern Provinces, Kaduna; the Appointment of Alkalin Kano.
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.
34 SNP 8 10/1921 E. Arnett, Acting Lieutenant Governor to H.L. Hall, Secretary, Northern Provinces, Kaduna (N.C. 71/1921), 10 March 1921, Investigation into Conduct of Alkalin Kano, Muhammadu Aminu, enclosed in Appointment of Alkalin Kano.
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).
36 SNP 8 10/1921 G.J.F. Tomlinson, 17 March 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
37 SNP 8 10/1921 H.C. (Clifford), 18 March 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano. 38SNP 8 10/1921 W.F.G. (Gowers), 1 April 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
38 SNP 8 10/1921 W.F.G. (Gowers), 1 April 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
39 Afeadie, Brokering Colonial Rule, chapter 7.
40 SNP 8 10/1921 G.J.F. Tomlinson, 7 April 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
41 SNP 8 10/1921 The Provincial Office, Kano, 13 April 1921, A.C.G. Hastings, Acting Resident Kano, to Secretary, Northern Provinces, Kaduna (conf.27/21); the Appointment of Alkalin Kano.
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.
48 For interpretations relating to women slavery, redemption marriages, and concubinage see Christelow, , “Women and the Law,” 132–37Google Scholar; Lovejoy/Hogendorn, Slow Death for Slavery, chapter 8; and Fika, , British Overrule, 198–201.Google Scholar
49 SNP 8 10/1921 G.S. Browne, Secretary, Northern Provinces, 15 July 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
50 SNP 8 10/1921 H.R. Palmer, 16 July 1921, Minutes, Extract from Nigerian Secretariat Minute Paper No. N.C.71/1921, enclosed in Appointment of Alkalin Kano.
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.
52 Ahmadu served as Chief Alkali of Kano from April 1921 to August 1922.
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
54 SNP 8 10/1921 Kaduna, 16 August 1922, Secretary, Northern Provinces, to Chief Secretary to the Government, Lagos, the Appointment of Alkalin Kano.
55 The circumstances of Alkali Ibrahim's downfall are not known. He is probably Mallam Abdulkadir Ibrahim, formerly chief scribe in emirate administration (magatakarda), who was appointed Chief Alkali of Kano in 1909 by Emir Abbas, with Resident Charles L. Temple's approval: Fika, , British Overrule, 128, 195–96.Google Scholar