Nigeria : $b Its peoples and its problemsMorel, E. D. (Edmund Dene)
History
Nigeria : $b Its peoples and its problems
Morel, E. D. (Edmund Dene)
Ethnology -- Nigeria; Nigeria -- Description and travel
Having indicated some of the quagmires into which direct rule would
lead us, one may now pass to an examination of the foundations upon
which native law and custom repose in the organized society of the
north, as revealed by systematic inquiry extending over the past five
years. Essentially the same groundwork is found in the more rudimentary
pagan communities which have remained without the area of Mohammedan
organization. Incidentally, it may be well to mark that Northern Nigeria
has not evolved powerful pagan organisms comparable with those of Yoruba
and Benin in the south. The basis of the social system is the village
community. A number of village communities form the tribal community.
The partly hereditary, partly elective rule of the tribal community
constitutes, with the Executive, the Government of the entire community.
The ruler himself is the “Governor,” against whose actions the people
can appeal to native law and custom. For the welfare of that community
the ruler is guardian. Land is the common heritage of the community. The
ruler is trustee for the land. Upon him devolves the granting of rights
of occupancy. The structural law of tenure is the right of occupier and
user, not of owner. Private ownership of land is unknown. The cultivator
is, in reality, a licensee. Alienation of land is unknown. The unit
of taxation is the village community. Each individual is supposedly
assessed according to his earning capacity. If he is an agriculturist
he furnishes a proportion of his crop, which, in effect, is a rent paid
to the community for the use of land. If an artisan, he pays a tax upon
his trade. If a herdsman, upon his cattle. The community as a whole
is subject to specific imposts which assist in maintaining the civil
list of the ruler. The character of the taxes and imposts follows the
requirements of the Koranic law modified, when considered expedient, by
pre-Koranic customary law. Justice is administered by judges conversant
with the sacred books, appointed by the ruler and exercised on the
principles of Koranic law. If a balance could be struck, it would
probably be found that a system of this kind ensures a greater amount of
human happiness than many of the forms of government even now existing in
Europe. Indeed, the closer one’s knowledge of African life and the more
insight one obtains into the immense sea of human misery heaving beneath
the crust of Western civilization, the more one is led to marvel at the
shallow commonplaces which picture the African wallowing in degraded
barbarism. Like all institutions, the African system lends itself to
abuse. Those abuses the British Administration has set itself to correct,
while maintaining the system itself. Upon the Colonial Office continuing
to support that policy, and upon the men who are applying it on the spot
being enabled to go on with their work free from interference, depends
the future happiness and prosperity of the Nigerian peoples, which,
Public-domain text, read in full here on John Shaqi.
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