THE NORTHERN NIGERIAN CODES
| DOI | http://doi.org/10.1111/j.1468-2230.1961.tb02192.x |
| Published date | 01 September 1961 |
| Author | Olu Odumosu |
| Date | 01 September 1961 |
THE
NORTHERN NIGERJAN CODES
MR.
PRICE’S
article represents the attitude of a lawyer whose mind
is conditioned by certain principles of English jurisprudence.
Because the Northern Region Codes do not in their entirety con-
form to those principles he regards them as a
“
retrograde legislo-
tion.” Prima facie many of his objections can be sustained par-
ticularly if English law is taken as the basis. But
it
is submitted,
with respect, that the picture presented in the article is not
com-
plete, especially
for
a reader who is not conversant with the peculiar
circumstances of the Northern Region of Nigeria.
It
may be useful to amplify the part of the article dealing with
the historical background to the legislation. The first step taken by
the Northern Region Government towards this reform was
to
send
three Delegations to Libya, Pakistan and Sudan
“
to see how
countries with diverse populations and religious beliefs are admini-
stered after the attainment of self-government with particultrr
reference to the legal system.” After the Delegations had reported
a Panel of Jurists was set up under the Chairmanship of the Chief
Justice of Sudan. Members
of
the Panel included the Chairman
of the Law Commission in Pakistan and Professor
J.
N. D. Andersaln
of the School of Oriental and African Studies.
Their terms of reference were:
“
In the light of the legal and
judicial systems obtaining in other parts
of
the world where Moslein
and non-Moslem live side by side, and with particular reference
to
the systems obtaining in Libya, Pakistan and Sudan, to consider
:
(a) the systems of law at present in force in the Northern
Region, that is, English law as modified by Nigerian legisla-
tion, Moslem law and Customary law and the organisaticln
of the courts and the judiciary enforcing the systems, and
(b)
whether
it
is possible and how far
it
is desirdble to avoid
any conflict which may exist between the present system of
law; and to make recommendations as to the means toy
which this object may be accomplished and as to the
organisation of the courts and the judiciary, in
so
far as this
may be desirable.”
The Recommendations of the Panel can be summarised
its
follows
:
Northern Nigeria should adopt the Sudan Code which was
simpler than the Nigerian Criminal Code and therefore more suited
1
See Statement by the Government
of
the Northern Region
on
the
reorganisa-
2
See
Statement by Northern Region Government,
op.
cit.
The
full
report sub-
tion
of
the Legal and Judicial Systems
of
the Northern Region.
mitted by the Panel was not published.
612
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