NCJ Number
50291
Date Published
1978
Length
345 pages
Annotation
AN EXAMINATION OF THE BRITISH-IMPOSED JUDICIAL SYSTEM IN SOUTHERN NIGERIA IS PRESENTED, EMPHASIZING THE USE OF THE LEGAL SYSTEM AS AN AGENCY OF COLONIAL CONTROL.
Abstract
AN INQUIRY IS MADE INTO THE MOTIVES BEHIND THE CHANGES IN THE TERRITORY'S JUDICIAL SYSTEM WHICH FUNCTIONED TRADITIONALLY AS A RELIGIOUSLY BASED SOCIAL CONTROL AND PEACEKEEPING MECHANISM. IN 1854, THE BRITISH ESTABLISHED THE FIRST COURT OF EQUITY IN SOUTHERN NIGERIA, AND THE NETWORK OF COURTS OF LAW THAT DEVELOPED FROM THIS DATE UNTIL 1908 IS EXAMINED. A STANDARD OF JUDICIAL ADMINISTRATION COMPATIBLE WITH THAT BEING IMPLEMENTED IN ENGLAND WAS IMPARTED TO THE COLONY; THE PREVAILING CIRCUMSTANCES FROM 1854-1914 WHICH PRECLUDED THE IMPORTATION OF THE SAME STANDARDS OF JUSTICE AND JUDICIAL ADMINISTRATION INTO SOUTHERN NIGERIA ARE DISCUSSED. AN ASSESSMENT OF THE LAWYER'S POSITION AND ROLE IN THE CONTEXT OF COLONIAL SOCIETY IS INCLUDED FOR THE YEARS 1865-1914. IN 1914, A VAST REORGANIZATION OF THE COUNTRY'S JUDICIAL SYSTEM ACCOMPANIED THE AMALGAMATION OF NORTHERN AND SOUTHERN PROVINCES OF NIGERIA. THE REORGANIZATION INCLUDED THE UNIFICATION OF THE LAWS OF THE ADMINISTRATION, THE APPOINTMENT OF A CENTRAL CHIEF JUSTICE AND ATTORNEY GENERAL, AND THE ESTABLISHMENT OF THREE TYPES OF COURTS (THE PROVINCIAL COURTS, THE 'NATIVE' COURTS, AND THE SUPREME COURT). THE THREE TYPES OF COURTS AND THE JUDICIAL REFORMS FROM 1933-1954 ARE EXAMINED. THE IMPACT OF THE JUDICIAL SYSTEM ON THE TERRITORY'S SOCIAL, ECONOMIC, AND POLITICAL DEVELOPMENT IS EVALUATED. THE APPENDIXES CONTAIN A CHRONOLOGICAL LIST OF AFRICAN JUDICIAL AND LEGAL APPOINTMENTS AND EXAMPLES OF LEGAL INSTRUMENTS DRAWN UP BY PUBLIC LETTERWRITERS. BIBLIOGRAPHICAL REFERENCES AND AN INDEX ARE PROVIDED. (DAG)