Training for Penal Reform in Northern Nigeria
| Published date | 01 January 1961 |
| Date | 01 January 1961 |
| Author | S. S. Richardson |
| DOI | http://doi.org/10.1002/j.1099-162X.1961.tb01257.x |
Training
for
Penal
Reform
in
Northern
Nigeria
by S. S.
RICHARDSON,
Commissioner
for
Native
Courts,
Northern
Region,
Nigeria
The
report
ofthe
panel
of
jurists
Early
in 1958 it was felt by leaders
of
opinion in
the
Northern
Region
of
Nigeria
that
the
whole
structure
of
the
legal
and
judicial
systems in
the
Region
should be examined in
the
light
of
the
imminent
approach
of
self-government.
In
order
to ascertain
what,
if
any,
changes
and
reforms were necessary, or
desirable,
the
Regional
Government
sent delegations to Libya, Pakistan
and
the
Sudan,
three
predominantly
Moslem countries, all of
which
had
recently
achieved independence
and
all
of
which
were countries
with
minority
problems,
diverse populations
and
religious beliefs. After considering
the
reports
submitted
by these delegations,
the
Government
decided to seek
the
help
of
a
panel
of
jurists consisting
of
Syyid
Muhammed
Abu
Rannat,
the
Chief
Justice
of
the
Sudan,
Mr.
Justice
Muhammed
Sherif,
the
Chairman
of
the
Pakistan
Law
Commission,
and
Professor
J.
N. D. Anderson,
O.B.E.,
Professor
of
Oriental
Laws
at
the
University of London.
This
panel
of
overseas experts was assisted
by
Shettima
Kashim,
C.B.E.,
the
Waziri of Bornu,
Mr.
Peter
Achimugu,
O.B.E.,
an
ex-Minister,
and
Mallam
Musa
Othman,
the
Chief
Alkali of Bida.
The
panel
was given
the
following terms
of
reference-
"In
the
light
of
the
legal
and
judicial
systems
obtaining
in
other
parts
of
the
world
where
Moslem
and
non-Moslem live side by side,
and
with
parti-
cular
reference to
the
systems
obtaining
in Libya, Pakistan
and
the
Sudan,
to consider
:-
(a)
the
systems
oflaw
at
present
in force in
the
Northern
Region,
that
is,
English law as modified by
Nigerian
legislation, Moslem
law
and
customary
law,
and
the
organization
of
the
courts
and
the
judiciary
enforcing
the
systems;
and
(b)
whether
it is possible
and
how
far it is desirable to avoid
any
conflict
which
may
exist between
the
present
systems
of
law;
and
to
make
recommendations as to
the
means by
which
this object
may
be
accomplished
and
as to re-organization
of
the
courts
and
the
judiciary,
in so
far as this
may
be desirable.'"
The
principal
recommendation
of
the
Panel
was
that
the
Northern
Region
should
adopt
acodified system of
criminal
law
enforceable in all courts in
the
Region
and
applicable
to every person in
the
Region
irrespective of
race
or
creed.s
Furthermore,
it was considered
that
the
new
Penal
Code
and
Criminal
Procedure
Code
should be based
upon
the
Sudan
equivalents,
which
were
themselves modelled on
the
Indian
codes,
which
had
proved
throughout
the
last
century
to be
acceptable
to millions of Moslems in Pakistan,
India,
Malaya
and
elsewhere. Codes so modelled were considered to be
more
readily
acceptable
,
Statement
by the Government of the
Northern
Region of Nigeria on the Reorganisation
of the Legal
and
Judicial
Systems of the
Northern
Region, p. r,
2
For
information
about
the conflict of laws in
Northern
Nigeria, see works of Professor
J.
N. D. Anderson:
The
Conflict of Laws in Northern Nigeria,]oumal
of
African Law, Vol. I.
No.2;
Islamic Law in Africa; Islamic Law in the Modem World.
38
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