THE BROKEN VOW: THE AGREED PENAL CODE AND THE CRISIS OF FEUDALIST SHARIA
The history of Northern Nigeria turns on a single, critical decision made in 1958. It was a choice between theological purity and political unity. To understand the current crisis in Northern Nigeria, one must understand that the “One North” identity was not a gift of nature, but the result of a signed legal contract—a contract that has now been breached.
The 1960 Settlement: “One North” or “Divided North”?
In the years leading up to independence, the British Colonial Government and the Sir Henry Willink Commission presented the Northern ruling elite with a stark ultimatum. The Northern Region was vast and diverse, containing millions of non-Muslims (Christians and Animists) particularly in the “Middle Belt” provinces (Benue, Plateau, Southern Zaria, etc.).
These minorities feared that in an independent Nigeria, they would be subjected to traditional Islamic criminal law (Sharia), which at the time allowed for penalties like amputation and did not accept the testimony of non-Muslims against Muslims.
The British condition was clear: If the Northern elite wanted to keep the North as one powerful, unified region, they had to secularize the criminal law. If they insisted on full Sharia, the British would carve out a separate “Middle Belt” region, effectively breaking the North’s political dominance before it even started.
The Agreed Penal Code
Sir Ahmadu Bello (the Sardauna of Sokoto) and the Northern establishment made a pragmatic choice. They chose land and political numbers over religious law. They agreed to suspend the criminal aspects of Sharia.
In its place, they adopted the Penal Code of 1960. This was a brilliant legal compromise modeled after the codes in Sudan and Pakistan.
It was universal: It applied to everyone, Muslim and Christian alike.
It was neutral: It removed “Hudud” punishments (stoning, amputation) to align with human rights standards.
It preserved Sharia only for Personal Status Law (marriage, divorce, inheritance).
This was the “Grand Compromise.” The minorities agreed to be part of a “One North” because the Penal Code guaranteed them safety from religious prosecution.
The Betrayal of 1999
For 40 years, this agreement held. The Penal Code was the glue of Northern unity. However, starting in 1999 (with Zamfara State), and spreading across 12 states, a new generation of the Northern elite unilaterally tore up this agreement.
They reintroduced Sharia Criminal Law (Hudud), restoring the very punishments (amputation, stoning) that the Sardauna had agreed to bury in exchange for unity.
The Crisis of the Feudalist Elite
This reintroduction was not purely religious; it was a political maneuver by what can be termed the “Feudalist Elite.” In 1999, with the presidency shifting to a Southern Christian (Olusegun Obasanjo), the Northern political class felt their grip on federal power slipping.
To regain relevance and control the masses, they weaponized religion. By imposing full Sharia:
They distracted the poor (Talakawa): Instead of demanding education or infrastructure, the masses were directed to focus on religious piety and “moral cleansing.”
They silenced opposition: Criticism of the government was framed as criticism of God.
They created a class buffer: The Sharia was applied selectively. As history has shown in the last two decades, it is the poor who are paraded for stealing livestock, while the elite who loot the treasury face the secular courts (EFCC) where they can hire lawyers and secure bail. This is the hallmark of feudalism—one law for the lord, another for the serf.
Conclusion: The Death of “One North”
The imposition of Sharia was a violation of the 1960 handshake. By breaking the Penal Code agreement, the Northern elite told their minority populations that they were no longer protected partners, but tolerated subjects.
The result is the crisis we see today: a fractured North, endless communal violence in the Middle Belt, and a region that leads the country in poverty indices. The Northern elite traded the wisdom of the 1960 Penal Code for the populism of political Sharia, and in doing so, they destroyed the very foundation of their own regional unity.
