Writing a Colonial Legal History of Northern Nigeria: An Analysis of Methods and Sources

Abstract

AbstractThis article analyzes the methods and sources of writing a colonial legal history of Africa. The analysis is carried out with a case study of the dual legal system operative in colonial Northern Nigeria from 1900 to 1960, which saw the English common law coexist with Islamic law. I examine how three sources of colonial law – namely, legislations, case law, and legal writings – reveal the varied perspectives of European colonial officials and Africans on the workings of this legal system. I argue that while colonial legislations and legal writings are lopsided toward the perspectives of the British authority, case law in conjunction with African commentaries provide some prospect to engage in a narrative that foregrounds the voices of Africans.