Militarism's Legal Forms
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Published:October 2024
Oracles And Autocrats: The Uses of Customary Law
During colonial rule, Nigerian law had been a roan institution that mixed English common law with the traditional forms of “village” law that the British called “custom.” The civilian governments that ruled Nigeria in its first years of independence opposed custom—they saw it as pseudotradition and argued that it was a relic of colonialism that had only served British interests. When soldiers took power, they changed course, embracing forms of custom that their civilian predecessors had shunned. They took customary law’s African characteristics at face value, arguing that they could be the building blocks of a genuinely decolonized form of public administration. They also valued custom as a tool to impose discipline, which was one of their ideological touchstones. Like the British before them, Nigeria’s soldiers saw “traditional” forms of government as cheap, pliable, and naturally disciplinarian.
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Fela Kuti Goes to Court: The Spectacle of Inquiry
In 1977, a group of soldiers raided the home of Fela Anikulapo Kuti, the famous Afrobeat musician. Over a hundred people were injured, and the building was burned to the ground. Caving to public pressure, Nigeria’s military government staged a commission of inquiry into the raid. Using the commission’s extensive records, this chapter considers “inquiry” as a legal form. Where did it come from? What were its structures and objectives? What did it achieve, both for the state that convened it and for the people who testified before it? The Fela Kuti inquiry reveals the gender and class dimensions of military “revolutions,” and it illustrates what forms of redress were available to civilians. Commissions of inquiry offered a weak kind of justice, but Nigerians embraced them because they were one of the few tools that ordinary people had to speak back to the state.