Opting out: An Experiment with Jurisdiction in Northern Nigeria

With the commencement of the Native Courts (Amendment) Law, 1961, the Government of the Northern Region of Nigeria abolished “opting out”, an experiment with jurisdiction which must surely be unique within the history of modern legal systems and therefore worthy of recording before the facts are obscured and lest any other African state, faced with similar difficulties, is tempted to adopt this expedient as a temporary palliative to meet a similar situation. It is all the more desirable to publish the facts since the strong case for abolition presented by the Northern Regional Government is in danger of being lost by default. On 14th October, 1961, the Daily Service in Nigeria published a bitter attack on the Native Courts (Amendment) Law, 1961, under the title “The light goes out in the North”.