Imperial law and native authority: legal pluralism in the making of colonial Northern Nigeria, 1900-1920

This article explores the development of a plural legal order under British colonial rule in Northern Nigeria between 1900 and 1920. It argues that the colonial conquest of the territory was justified on the grounds of abolishing slavery and imposing English law on supposedly lawless African societies. However, once control was established, the British colonial authority retreated from the universality of English law and institutionalised a more pragmatic system of native authority- governing through African rulers and incorporating elements of Islamic law. Drawing on colonial reports, published anthropological studies, and secondary sources, the article demonstrates how legal pluralism was instrumental in the making of the native authority system in Northern Nigeria. It contends that the native authority system, while postured as collaborative, functioned as a calculated form of legal subjugation. British officials redefined the legal powers of African rulers and selectively integrated Islamic law, subordinating it to colonial interests. The result was a “state-centric” legal pluralism that hollowed out African legal autonomy while retaining its appearance. The article examines the making of the Slavery Proclamation of 1901 as a case study, illustrating a “state-centric” legal pluralism, and the manipulation of African institutions to serve imperial interests.