with satisfaction by many of the subject peoples. Every attempt was made to settle the question at issue by conciliatory methods, but these having failed, a campaign against Kano and Sokoto was entered upon in January 1903. It was entirely successful. The capital of Kano, a walled and fortified town of great extent and formidable strength, fell to a British assault in February of 1903. Sokoto submitted after a battle which took place on the 17th of May. The sultan fled, and on the 21st of May a new sultan, chosen by the council of elders, was installed by the British high commissioner, after he had publicly accepted the conditions imposed by the British government. These conditions were that all rights of conquest acquired by the Fulani throughout Northern Nigeria passed to Great Britain, that for the future every sultan and emir and principal officer of state should be appointed by Great Britain, that the emirs and chiefs so appointed should obey the laws of the British government, that they should no longer buy and sell slaves, nor enslave people, that they should import no firearms, except flint-locks, that they should enforce no sentences in their courts of law which were contrary to humanity, and that the British government should in future hold rights in land and taxation. When these conditions were accepted by the Fulani chiefs the supremacy of Great Britain was established over the entire country. Katsena and Gando followed the example set to them by Kano and Sokoto. Throughout Northern Nigeria all chiefs, Mahommedan and Pagan, now hold their appointments under the British crown and take the oath of allegiance to the British sovereign.
It remained to organize the territories for British rule, to institute a reformed system of taxation, to establish courts of justice, and to open the country to civilized occupation.
The following account of the legislation carried into force up to 1907 shows in effect what was done in that direction. After the conquest of the Hausa States in 1902–1903 the king’s writ ran—with the exception of a few districts inhabited by primitive savages—through the whole area known as Northern Nigeria. The temporary enactments of the earlier days were then superseded by laws based upon a more accurate knowledge of local conditions and rendered possible by the effective administration which had been set up throughout the country.
Courts of Law and Administration of Justice.—A superior court was set up with jurisdiction over all non-natives and government employés. Its jurisdiction over natives was limited to the two centres of administration named “cantonments,” and to such neighbouring territories as might be included by regulation within a feasible distance of those centres. It could, however, try any case in any province by special warrant of the high commissioner. The whole country was divided into seventeen provinces, in each of which there was a provincial court presided over by the resident in charge, whose assistants were commissioners of the court. They submitted their lists of criminal trials to the high commissioner, who, advised by the attorney-general, acted as a Appeal, and no sentence exceeding six months could take effect without his confirmation. Cases could be referred by him for re-trial in the superior court if he so decided. A criminal code was drawn up, together with a criminal procedure proclamation. Native courts were established by warrant at all the chief native towns with varying powers. They were of two classes, the “Alkalis’ Court,” presided over by trained Mahommedan jurists, and “Judicial Councils,” under the leading chiefs and natives presided over by the emir or other native ruler. In these courts native law and customs (principally the Mahommedan law) were administered with the proviso that no penalty could be enforced which was contrary to the laws of humanity or opposed to any specific proclamation of the protectorate. With the exception of two or three of the most enlightened courts, the criminal powers of these courts were restricted, but in civil actions they had full scope. No native court could carry a sentence of death into execution without the concurrence of the resident.
Cantonment courts were also set up in the two chief government centres (Zungeru and Lokoja), chiefly for the purpose of enforcing sanitary and municipal regulations. These were affiliated to the superior courts.
Lands and Minerals.—These constitute the main asset of the government. In the first instance, as following upon conquest or potential conquest, the Fulani emirs who were appointed by government to each of the great native states were installed under a letter of appointment in which (in addition to rights of legislation, taxation and other powers inherent in suzerainty) the ultimate title to all land was transferred from the Fulani dynasty and vested in the British. Private ownership was not interfered with, but all waste lands became the property of the crown, and no non-native could acquire title except as from the government. Similarly the sole title to minerals (subject to the share of profits assigned to the Niger Company by the deed of transfer) was vested in the government, and the terms upon which licences to prospect or mine could be acquired, together with full regulations regarding mining, were enacted by law. The right of natives to smelt iron and the question of compensation for any other existing mining industry or for surface disturbance was left to the discretion of government.
Slavery.—Practical effect was given to the abolition of the legal status of slavery, in so far as all British courts were concerned. This decree had been promulgated before the transfer of the administration, but had existed merely on paper. Every slave could thereby assert his freedom if he desired to do so, but it was not made illegal for a native to own a slave, and no penalty attached to mere possession in such a case. Slave-dealing and transactions of every kind in slaves were now made illegal. Civil questions arising from the institution of domestic slavery remained justiciable by the native courts; which in this matter were very carefully supervised by the British administration.
Taxation.—In the earlier years of the administration the tolls upon trade in transit, which had existed from time immemorial and had become the means of much extortion, were made a monopoly of the government, and were reorganized on an equitable and popular basis. To these were added certain licences (e.g. on canoes, &c.). In 1905 a complete reorganization of the direct taxation of the country was introduced. The innumerable taxes upon agriculture and industry of all kinds were consolidated into two principal taxes, viz. the land and general tax—in its nature an income tax—and the jangali or cattle tax upon nomad herdsmen. The imposition of this tax involved a rough and ready assessment of every village in the protectorate. Under this system the oppression and extortion practised under native rule gave place to a carefully regulated method of assessment. At its initiation the proceeds were divided in approximately equal shares between the central government and the native administration, and a means was thus found of creating a legitimate revenue for the native chiefs to supersede the proceeds of slave-raiding and slave-dealing, and of oppression and extortion, by which they had hitherto supplied their needs. As in India, the village with its lands and cultivation was constituted the unit of assessment, and the provinces were divided into districts under native headmen responsible for the collection of the tax, and its payment to the paramount chief, who in turn rendered the assigned share to district and village chiefs, to the officers of state recognized by government and to the government itself. The administrative officers were entrusted with the assessment and acted as arbitrators and referees in case of illegal exactions. In the Pagan districts where no native machinery existed and no previous taxation had been in force, a nominal impost was levied and collected by the officers of the government through the agency of the village chiefs. The taxation of the great cities formed a separate and very difficult problem. The law laid down the method to be employed in this case, but pending the completion of the rural taxation this detailed application of the system was allowed to remain in suspense. It was hoped that so soon as the scheme could be effectively put into operation the taxes on trade in transit could be largely if not completely abolished, and the traders and merchants—the wealthiest class of the community—would be assessed in their city domiciles. By these means a large and rapidly increasing revenue is being secured to government; while the condition of the peasantry and people is being greatly ameliorated, an adequate but not excessive income is being secured to the native rulers; and the class of middlemen who lived by extortion and absorbed a great part of the wealth of the country is being abolished.
Native Rulers.—By the operation of the native courts proclamation, the taxation proclamation, and finally by the enforcement of native authority proclamations, the status of the native rulers, their powers and authority, were defined and legalized. They receive the support of the government within the limits of their recognized sphere of action. The great chiefs are appointed by the government in consultation with the principal men, and in accordance with native customs and laws of succession. Minor chiefs are nominated by their paramount chiefs, subject to the approval of the high commissioner.
Military and Police.—The defensive force—the Northern Nigeria Regiment of the West African Frontier Force—is constituted by law, and the proclamation contains a military code based on the Army Act with modifications necessary in local circumstances. A police force is similarly organized and controlled by a second enactment. The military force is divided into three regiments and two batteries of artillery under the supreme command of a commandant. The distribution of the garrisons is under the direction of the high commissioner. The police, on the other hand, are more or less equally divided between the provinces (including the establishment at each cantonment), and while their interior economy and organization rests in the hands of a commissioner, they are for purposes of duty under the control of the resident of the province. A district superintendent is appointed to each province.
Miscellaneous Enactments.—A variety of other enactments deals with minor matters of administration. Commissions of inquiry may be appointed by the high commissioner to investigate the conduct
