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A Nation on Paper: Making a State in the Republic of Biafra

Published online by Cambridge University Press:  29 September 2020

Samuel Fury Childs Daly*
Affiliation:
African and African American Studies, Duke University

Abstract

What role did law play in articulating sovereignty and citizenship in postcolonial Africa? Using legal records from the secessionist Republic of Biafra, this article analyzes the relationship between law and national identity in an extreme context—that of the Nigerian Civil War (1967–1970). Ideas about order, discipline, and legal process were at the heart of Biafra's sense of itself as a nation, and they served as the rhetorical justification for its secession from Nigeria. But they were not only rhetoric. In the turmoil of the ensuing civil war, Biafra's courts became the center of its national culture, and law became its most important administrative implement. In court, Biafrans argued over what behaviors were permissible in wartime, and judges used law to draw the boundaries of the new country's national identity. That law played this role in Biafra shows something broader about African politics: law, bureaucracy, and paperwork meant more to state-making than declensionist views of postcolonial Africa usually allow. Biafra failed as a political project, but it has important implications for the study of law in postcolonial Africa, and for the nation-state form in general.

Type
Legal Cultures
Copyright
Copyright © The Author(s), 2020. Published by Cambridge University Press on behalf of the Society for the Comparative Study of Society and History

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References

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6 Biafra Sun, 3 Aug. 1967: 2. The correct answer to both questions was “no.”

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35 NNAE MINJUST 90/1/31, M.O.I. Idigo to Chukwuemeka Odumegwu Ojukwu, 2 July 1968.

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41 Nelson Ottah, Rebels against Rebels (Lagos: Manson and Company, 1981), 124.

42 NNAE MINJUST 116/1/1, The State v. Emmanuel Eke Onwuachimba and Six Others, 1969.

43 Enugu State High Court, uncatalogued collection, Peter Iwoha and Commissioner of Police, 21 July 1967.

44 Judges sometimes commented on this tension in their rulings. See Enugu State High Court, uncatalogued collection, Nicholas Mbagwu and Chief Marcus Odum, Aug. 1967.

45 NNAE BCA 1/1/3, Nsisong Okon v. The State, 19 Mar 1968.

46 NNAE BCA 1/1/11, Iguo Okon Usung Urua v. The State, 19 Jan. 1968.

47 NNAE BCA 1/1/54, L. O. Uchendu v. Nigerian Railway Corporation, 2 Apr. 1968.

48 Uchendu's victory meant little, however, since secession had made the decision moot. The Nigerian Railway Corporation had ceased to exist as far as Biafra was concerned, and in 1968 the part of the railway still operating in the east was calling itself the “Biafra Railway Corporation,” a different entity from the one Uchendu sued.

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54 They believed this despite efforts to standardize and codify customary law, most notably the Restatement of African Law project at the School of Oriental and African Studies in London. Customary law would later have a resurgence, but in the first flush of independence most African jurists felt that their fellow citizens deserved something better. See African Conference on the Rule of Law, Lagos, Nigeria January 3–7, 1961: A Report on the Proceedings of the Conference (Geneva: International Commission of Jurists, 1961).

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