British Administration of Bade District, 1904-1945

BRITISH ADMINISTRATION OF BADE DISTRICT, 1904-1945 Fidelis, Imeje Ebri Abstract The focus of this paper is on the British administration of Bade district in the British Borno Province. The paper aims to establish whose interest British colonial policies and politics served the most and its impact on political institutions and organisations in post-colonial Nigeria. It is a historical analysis of the nature of colonial Nigeria framed by the British transformation of its political and administrative institutions. Using information obtained from extensive library research, archival materials, archaeological sources, and oral interviews, the paper shows that the British modified the functions of political institutions and organisations in Bade district to facilitate the achievement of imperial aims and objectives (exploitation of the people of Bade district). The functions of existing political institutions and organisations like the army, local police, judiciary, and prisons were modified to serve the British imperial whims and caprices. The study concludes that the origins of the plethora of challenges facing political institutions and organisations in post-colonial Nigeria could be traced to the British colonial policies and politics in colonial Nigeria. Introduction The thrust of this paper is to examine British colonial administration in Bade district, an administrative enclave within the British Borno Province. It examines the various organisations and institutions deployed and utilized by the British in Bade District for the purposes of implementing colonial policies. The aim is to sift out the real objectives of colonial policies and politics and evaluate the functions and roles of organisations and institutions deployed and utilized in the implementation of British colonial policies in the District. The paper attempts to establish whose interest colonial policies and politics served the most. Was it the interest of the people of Bade District or British imperial interests? It also exposes the consequences of British colonial policies in the District. The study is borne out of the need to design a template and provide a framework to guide stakeholders in their attempts at addressing the plethora of challenges plaguing political institutions and organisations in post-colonial Nigeria. It attempts to trace the root causes of these problems and outline the role of British colonial policies in exacerbating and institutionalising these problems. The paper commences with a section on the role of the British colonial army in the implementation of colonial policies and politics in Bade District. The next section traces the history and establishment of the provincial police. It examines the extent to which the provincial police was able to fulfil its alleged primary objective of maintaining peace through the effective enforcement

152 FUDMA JOURNAL OF ARTS (FUDJARTS) VOLUME 3, NUMBER 2, 2019 of law and order in the Districts within Borno Province, with special reference to Bade District. It will also outline the powers, jurisdiction, and sphere of influence of the Provincial police in Bornu Province. The section on the Dogorai or Local police otherwise known as the Native Authority police will examine the establishment, composition, and functions of the Local police in Bade District. The other sections deal with the nature, composition, functions, and powers of the Bade Native court and prison established by the British. The section on Bade Native court will attempt to show the extent of control exerted on the Bade judiciary by the British. The section will also provide clues as to the level of neutrality and freedom allowed the Bade judiciary in performing its traditional function of dispensing justice. The section on prisons examines the role of the prison as a correctional facility in Bade District. The paper ends with a conclusion. The Colonial Army The colonial army was one of the most important organisations in the administration and implementation of colonial policies in Bade District. After the annexation of Gorgaram in 1904, a company of troops was stationed at Nguru which served as the administrative headquarters of Bade District. The company comprised of about fifty troops under the command of a British Officer. Since the troops were of the Northern Nigeria Regiment (NNR), and a part of the West Africa Frontier Force (W.A.F.F), some of the soldiers were not of Nigerian origin but of neighbouring West African colonies1. The troops often patrolled the District as escorts of ten soldiers armed with modern riffles. Such patrol escorts were often commanded by a rank and file of the rank of Sergeant. The primary objective of the colonial army in Bade District was to effect the implementation of colonial policies, which it did by suppressing all forms of resistance to the colonial regime and compelling the people of Bade District to succumb to British colonial whims and caprices2. The army also served as escorts to British administrators of the District, as well as provided security for the District tax officials during tax assessment and collection. Resistance to colonial rule in Bade District often reached its climax during the tax assessment and collection periods. And the army was often invited to suppress such resistance. Two of such incidences in Kazar and Ammas villages under Zabudum Unit were documented. The fight involved the villagers of Kazar village who refused to be assessed for the annual tax by the tax officials of Mai Saleh. The Sole Native Authority reported the matter to the Resident who was at Geidam at the time, the Resident advised Mai Saleh to send an influential Wakil to restore order. The Wakil was send but the villagers insisted that they will rather fight than pay taxes to the British. The 1 One Sergeant Sanni Zozo who was in charge of the escort of ten soldiers send to restore order in Kazar village was a Senegalese. For more information see Prof/2647 Vol.2/NO.B.7A/X./1936/37 Bade Emirate-General Report on: by Mr. E.C. Figgis, Appendix A. Bade Emirate Units. Historical Details: Pedigree, paragraphs 6 2 Ibid, paragraphs 6-8

BRITISH ADMINISTRATION OF BADE DISTRICT, 1904-1945 situation was brought under control only after an escort of ten soldiers was dispatched to Kazar3. The other incident involved a party of three consisting of Moma Fulata, an ex- government messenger, one of the Shehu’s messenger, and a Constable that were attacked on their way to Garundoile (sic), from Gorgaram. The head of the Constable was cut open. An escort of British colonial soldiers was sent to restore order4. The Provincial Police The history of policing in colonial Nigeria could be traced to 1820. In 1861 a thirty member consular guard was formed in Lagos colony. In 1879 the Hausa constabulary was formed. It was a one thousand two hundred (1,200) member armed paramilitary organisation. Its main objective was to protect the interest of British citizens and establishments in the area then became known as Northern Nigeria. The Hausa constabulary subsequently metamorphosed into the Royal Niger Company constabulary in 1888. Similarly, in 1896 the Lagos police was formed to maintain law and order in the British Lagos crown colony. When the Niger Coast Protectorate was proclaimed, the Niger Coast Constabulary was formed in Calabar in 1894. In the early twentieth century, part of the Niger Coast Constabulary became the Southern Nigeria Police (SNP), and part of the Royal Niger Company Constabulary became the Northern Nigeria Police (NNP). This was in line with the Proclamation of the Southern and Northern Nigeria Protectorates in 1900. However, the Provinces of Northern Nigeria maintained separate Provincial and Local Police commands. On attainment of political independence in 1960, the Southern and Northern segments of police were merged and became known as the Nigeria Police. The Borno Provincial police was a command of the Northern Nigeria Police in Borno Province, with Provincial command headquarters in Maiduguri5. The primary objective of the Provincial police was to enforce colonial law and maintain peace in the Province. It was also to assist the Native police curb crime and ensure a smooth taxation process. The provincial police was usually under the command of a British Officer, and was a supplementary force to the British colonial army6. In most cases, the Provincial police also shared in the calamities that befell the colonial army, especially at the early stages of the British campaigns in Northern Nigeria. For example, in December 1903, Captain Riardon, the Resident of Bassa Province and Mr. Amyatt- Barnes commander of the Bassa Provincial police were ambushed and killed with some of their officers7. 3 Prof/2647 Vol.2/NO.B.7A/X./1936/37 Bade Emirate-General Report on: by Mr. E.C. Figgis, Appendix A. Bade Emirate Units. Historical Details: Pedigree, paragraphs 6 4 Ibid, paragraph 8 5 McClintock, N. C. Bornu Province. In Northern Nigeria: Provincial Annual Report,1961. Kaduna. , p.45, paragraph 95 6 Geary, W. M. (2013). Nigeria Under British Rule (1927). London: Routledge, 221 7 Ibid, p.221

154 FUDMA JOURNAL OF ARTS (FUDJARTS) VOLUME 3, NUMBER 2, 2019 The presence of the Borno Provincial Police in Bade District was limited. This was partly due to lack of funds to purchase patrol vehicles and partly to its difficult physical terrain which hindered accessibility and movements during the rainy seasons8. The limited presence of the Provincial Police in Bade Emirate was further buttressed by the fact that during the few cases of disturbances in the District over British taxation, it was the soldiers that were invited to quell the protest and not the provincial police. The only documented presence of Provincial police in Bade District was when a party of three consisting of Moma Fulata, an ex-government messenger, one of the Shehu’s messenger, and a Constable were attacked on their way to Garundoile (sic), from Gorgaram. The head of the Constable was cut open. Again it was an escort of British colonial soldiers that was sent to restore order and not the Provincial Police nor the Native police9. Local Police The campaign for the use of dogorai (Local police) was boosted through the efforts of Herbert Richmond Palmer in Katsina. Palmer worked tirelessly from 1907 to late 1920s to institutionalize the system of policing in Northern Nigeria10. In 1937, Bade the District Head controlled a force of about twenty (20) dogorai. These were strategically stationed throughout Bade District to enforce law and order, especially in tax related matters11. The dogorai were also instrumental in ensuring the safety of all tax officers in the District. They were supplemented by the colonial army. The Jurisdiction of the dogorai covered all the administrative units within the District. The dogorai were entrusted with the powers to arrest and prosecute offenders for crimes within the confines of the Bade traditions and customs which included but not limited to thievery, disturbance of the peace, tax evasion, and so on. The District Head was the Commander in Chief of the dogorai in Bade District, and the Sarkin dogorai was the Chief of the dogorai. Majority of the men were recruited from among the District Head’s personal servants at Gorgaram. It is quite puzzling as to why the District Head opted to recruit men from among his personal servants as dogorai in lieu of the numerous ex-service Bades with wealth of experience in security related matters. However, our informant maintains that the District Head considered the nature of their job, which required absolute trust and loyalty, in which case, the District Head’s personal servants were easier to control than the ex-service men12. 8 NAK/Maid Prof/2253/ N0.B.7A/1/ MAY 20TH, 1935 Bade Emirate-Family Trees of the Lawans, p.3. McClintock, Bornu Province, p.45, paragraph 96 9 Ibid, paragraph 8 10 Saeed, Sir Herbert Palmer and the Establishment of Colonial Rule. In A. M. Yakubu, et al, Northern Nigeria: A Century of Transformation, p.147 11Prof/2647 Vol.2/NO.B.7A/X./1936/37 Bade Emirate-General Report on: by Mr. E.C. Figgis, paragraphs 100-101 12 Alhaji Mamman S. Suleiman (21st July, 2017) Interviewed at Gashua

BRITISH ADMINISTRATION OF BADE DISTRICT, 1904-1945 The Judiciary (Native Courts) There were about thirty five (35) Native courts throughout the Borno Province as at 1924. Out of that number five (5) were grade A courts, twenty one (21) were grade B courts, seven (7) were grade C courts, and two (2) were grade D courts. Borno Native Authority had the largest number of Native courts with two grade A (Central and Appeal), fourteen grade B, and one grade C Native Courts, totalling seventeen Native Courts. Dikwa Native Authority also had two grade A (Central and Appeal), four grade B, one grade C and one grade D Native Courts respectively. Biu Native Authority had one grade A, four grade C, and one grade D Native Courts. Fika Native Authority had two grades B and one grade C Native Courts. Bade Native Authority and District had only one grade B Native Court known as the Amir’s Court13. The Native Court was an integral component of the Native Authority. Bade Native Court was established on 1st March, 1906, as a Grade “C” Court. The jurisdiction of the court covered Gorgaram town and the entire Bade District. By 1908, the court was authorized to impose fines which were paid into the Native Authority Revenue. All Bade Native Court receipts were to be paid into the Native Treasury with effect from 1st April, 1911, by which expenses and salaries were paid14. Half of the revenue generated by the court was used for its upkeep, and half went to its handlers. Mai Saleh ibn Aji served as the first president of the Bade Native Court, while Mallam Muhammed served as the first scribe. Sadly, Mallam Muhammed passed on and was replaced by Mallam Kura in 1909. The other members of the Bade Native Court as at 1916 included, Maina Kiari, Galadima Grema, Makinta, and Kachella Jalikwa. Upgrading of the powers of the Bade Native Court to exercise Grade “B” powers was applied for on 30th June, 1919. The application was subsequently approved on 14th October, 1919, by H.A. Goldsmith, Lieutenant Governor of Northern Nigeria. A Grade “B” Native Court Warrant for Bade Native Court was received on 3rd December, 1919, by G.C.Whiteley, the Assistant District Officer (A.D.O), who was at the time in charge of Potiskum Division15. The Grade “B” Native Court Warrant empowered Bade Native court to sentence offenders to a maximum of two years imprisonment and twenty four strokes of the Cain, depending on the magnitude of the offence committed. In 1933, a new legislation was passed (by the British parliament) which reduced the punishment to a maximum of one year imprisonment and twelve strokes. In 1936, E.C. Figgis, the Assistant District Officer noted that the Alkali Talba of the Bade Native Court carried out the greater part of court work, with the Mai rarely present to officiate most court sittings. It is important to note that the Alkali Talba was not Bade by birth, but a native of Damagaram, but had imbibed the Bade culture, including language, due to his long sourjoun in the Native Authority. He was also 13 Kirk-Greene, Gazetteers of the Northern Provinces of Nigeria, p.92 14 NAK/Mai Prof/2826/ Bede Native Court, Grade “B” Limited, p.1 15 Ibid, p.20

156 FUDMA JOURNAL OF ARTS (FUDJARTS) VOLUME 3, NUMBER 2, 2019 a scribe. Aggravate offences (such as murder) were transferred to Yelwa courts which had a grade “A” powers of the Appeal court16. A Grade “C” Alkali’s Court was established on 16th April, 1942, for Bade District. The Alkali presided over the Alkali’s Court which appealed to the Mai Bede’s Court. The Mai Bede’s Court was elevated to a Native Court of Appeal, with further appeal to the District Officer. Its power to sentence convicted persons was extended from one year imprisonment to two years imprisonment. While the jurisdiction of the Alkali’s Court was limited the nature of cases it could try, punishment, and fine, the new 1942 Native Court Warrant granted Mai Bede’s Court jurisdiction over all persons within Bade District. The court could try anyone who consented to come under its jurisdiction. It could exercise jurisdiction over any person as directed by the Governor through the Resident, irrespective of the person’s background. The Bade Native Court could hear criminal, civil, and land related cases. The limit of its power was by its grade. Table 1: Native Courts in Borno Province Emirate Name of Court Jurisdiction Grade Bornu Shehu Judicial Council A Emirate Yerwa (Central) A Auno and Dalori Kadi of Bornu (Appeal) B Borsari District Kadi B Damaturu District Kadi B Fune District Kadi B Geidam District Kadi B Kaga District Kadi B Kanembu District Kadi B Konduga District Kadi B Magumeri and Gubio District Kadi B Margi District Kadi B Metsena District Kadi C Mobber District Kadi B Mongonu and District Kadi B Nganzei District Kadi B Nguru District Kadi Dikwa Dikwa Judicial Council A Emirate Dikwa (Central) A Bama Kadi of Dikwa B Gulumba (Appeal) B Balge Distric Kadi B 16NAK/Mai Prof/2647 vol.2/NO./B.7A/X./1936/37 Bade Emirate-General Report on: by Mr. E.C. Figgis, paragraphs 89-90

BRITISH ADMINISTRATION OF BADE DISTRICT, 1904-1945 Ngala District Kadi B C Ashigashiya District Kadi D Gwoza District Kadi District Head’s Court District Head’s Court Biu Emirate Biu Amir’s Court A Kwajafa Distric Head’s Court C Margi Distric Head’s Court C Sakwa Distric Head’s Court C Shani Distric Head’s Court C Koiya Distric Head’s Court D Fika Emirate Fika Judicial Council B Fika B Potiskum Kadi of Fika C Lawan of Potiskum’s Court Bade Bade Amir’s Court B Source: .A.H.M. Kirk-Greene (1972), Gazetteers of the Northern Provinces of Nigeria, p.92 Table 2: Bade Native Court Officials and their Salaries, 1919 Name Position Salary (£) Mai Saleh ibn Aji President 480 Malam Kura* Scribe 24 Galadima Grema Member 48 Maina Cheri Member 6 Makinta Gabi Member 6 Mallam Talba Kura Member 60 Mallam Suleiman Member 18 Kachella Jalikwa Member 6 Source: NAK/Mai Prof/ 2826/ Bade Native Court, Grade “B” Limited * Mallam Kura replaced Mallam Muhammed as scribe of the Bade Native Court in 1909 The Prison Documented information on the history of the Bade prison system is quite scanty. This is in the light of the fact that we have not been able to retrieve any documented source material on the origin of the Bade prison system, especially during the pre- Gorgaram Era (1500-1824) and the Gorgaram Era (1825-1903). The discovered documents containing bits of information on the Bade Prison system are those covering the Colonial Period (1904-1960). Therefore, we have been compelled to rely on oral information in the attempt to reconstruction of the history of the prison

158 FUDMA JOURNAL OF ARTS (FUDJARTS) VOLUME 3, NUMBER 2, 2019 system in pre-Gorgaram and Gorgaram Bade. Sadly, oral information regarding the Origin of the prison system in Bade is not specific and detailed, but rather is a general overview of the transformation process of the prison system in Bade. Prison System in Pre-Gorgaram Bade, 1500-1824 The prison in pre-Gorgaram Bade the prison was located in the court of the Head Chief of a particular Bade Chiefdom. It was a section of the royal court where erring officials, runaway and recaptured slaves, and accused persons awaiting trials were detained, pending the outcome of investigation and hearing of their cases by the Chiefs Court. A custodian or caretaker was appointed usually from among the Chiefs senior guards to secure the detainees. He was often assisted by other members of the Chiefs royal guards. How long an accused was kept in custody was determined by the gravity of the crime he has been accused of, the outcome of investigation, and conveyance of the Chiefs jury presided over by the Head Chief. After an investigation has been concluded and the jury conveyed, an accused was set free without further delay if he was found innocent of the crimes he was accused to have committed. If on the other hand an accused person was convicted, the penalty was either to be fined, banished or sentenced to dead depending on the gravity of the offence. Normally offenders accused and convicted of thievery were fined and/or banished depending on the customs of the Bade polity involved. Adulterers and fornicators were often banished, while murderers were sentenced to death, according to the customs and traditions of some Bade Groups. The nature of punishment meted out depended on the customs and traditions of the Bade polity involved. The Caretakers and/or Custodians work was done as soon as judgement was passed, and the accused person acquitted or convicted17. It may be safely concluded that the prison system in pre-Gorgaram Bade societies had not fully evolved. Prison System in Gorgaram Bade, 1825-1903 With the construction of the fortified town of Gorgaram and its ascension as the headquarters of Bade country, the prison system began to undergo a gradual transformation process. This was chiefly as a result of the centralization of the Bade political administration which began during the reign of Lawan Babuje. The process was completed during the reign of Mai Aji (1842 – 1893). Within this period, the Mai’s palace at Gorgaram had been completed and there also arose the need to contain erring and obstinate District Chiefs (formerly Head Chiefs of Bade Chiefdoms). As a result, a section of the Mai’s palace at Gorgaram was set aside to house such erring Chiefs or their relatives held in custody at Gorgaram to guarantee the good behaviour of their domains18. 17 Alhaji Ali Ibrahim (22nd August,2017) Interviewed at Tagali 18 NAK/Mai Prof/2253 Bade Emirate Appointments, Deaths, etc. NAK/Mai Prof/2647 vol.2/NO.B.7A/X./1936/37 Bade Emirate-General Report on: by Mr. E.C. Figgis, Appendix A. Bade Emirate Units. Historical Details: Pedigree. p.48, paragraph 6.

BRITISH ADMINISTRATION OF BADE DISTRICT, 1904-1945 A separate building was also constructed outside the Mai’s palace to also house other persons accused of various crimes and awaiting trials. A trusted official was appointed by the Mai to ensure the safety and well being, especially of the erring or stubborn chiefs and their relatives. The chief of the prison was appointed on a permanent basis, and granted the right to recruit members of the royal prison guards. Thus, the prison system during the Gorgaram era was gradually organised and institutionalized. Prison System in Bade District, 1904-1945 By the time the British colonised Bade country and introduced the District system, the prison system in Bade was already organised and institutionalised. Under the British Colonial regime, a new prison block was constructed with bricks at Gorgaram in 1925. The Native Authority official in-charge of the prison was called ‘Yari’. And the office of the Yari was moved from within the premises of the Mai’s palace to the new prison block. The prison thus, became an important institution for implementing colonial policies in Bade District. Tax offenders were sentenced to serve varying terms in the prison for tax related offences; and as such, more people in the District were forced to comply with the new tax regimes imposed by the British for fear of being sentenced to serve prison terms. Therefore, the colonial army, colonial Police (especially the Dogorai), the Native Court, and Prison (Yari), became instrumental colonial policy enforcement institutions and organisations in Bade District. The Native Courts issued arrest warrants to the local Police to affect the arrest of alleged tax defaulters. The arrested tax offenders were accordingly prosecuted and arrayed before the Native Court for trial. If found guilty, which in most cases was the case, the convicted tax defaulter was either fined or sentenced to serve varying prison term depending on the amount of tax money involved. Bade prison was moved from Gorgaram to its present location in Gashua in 1946. It is located adjacent to the Mai Bede’s palace, although it has been absorbed into the Nigerian Prisons Service. Conclusion The primary objective of the colonial army in Bade District was to enforce colonial policies. It achieved this by serving as escort to British administrators and tax officials in Bade District. The army was also used to suppress resistance to British colonial policies. The Provincial Police provided security for the Resident and other senior Provincial administrators at Maiduguri, while the Local Police in Bade District provided security to the District Head and his officials during tax work. The provincial and local police were only adequately staffed and equipped to meet their mandatory functions of enforcing colonial tax related policies. NAK/ Mai Prof/2647 vol.2/NO.B.7A/X./ 1936/37 Bade Emirate-General Report on: by Mr. E.C. Figgis, Appendix A. Bade Emirate Units. Historical Details: Pedigree. p.65 paragraph 1

160 FUDMA JOURNAL OF ARTS (FUDJARTS) VOLUME 3, NUMBER 2, 2019 Bade Native Court and Prison were tightly controlled by the British and their functions modified to facilitate tax work. The Native Court assumed the primary responsibility of convicting alleged tax offenders. Majority of the trials carried out by the Native Court from the year of its established to 1945 were tax related cases. Convicted tax offenders were either fined or sentenced to serve varying prison terms. Fidelis, Imeje Ebri, Department of History and International Studies, Federal University, Gashua, P.M.B. 1005 Gashua Nguru Road, Yobe State, Nigeria.