The Judicial Agreements in Yorubaland 1904–1908

Abstract

The role of law in British expansion in Africa has received insufficient attention from historians, yet there is nothing new in the use of law as an instrument of imperial or colonial expansion. Law occupied an important position in the organization of the Roman Empire. The Norman kings strengthened their hold on medieval England by centralizing the administration of justice through the establishment of royal courts whose varied jurisdictions eventually became predominant throughout the whole country.This paper discusses the circumstances in which English law was introduced into Yorubaland early in this century largely through a series of judicial agreements signed with a number of indigenous rulers. The primary consideration behind the making of the agreements was the protection of British commercial interests, but the importance of the agreements really transcends this objective. They provided a firm basis for the establishment of British colonial rule in this part of Nigeria—by making provisions for the punishment of criminal offences, by introducing a machinery of justice which struck at the sovereignty of the Yoruba states, and by ensuring the supremacy of English law over the indigenous laws and customs. The agreements also marked the beginning of the introduction into Yorubaland of new legal ideas and principles, which were a potent factor of social change.