The British Palm Oil Trade, Judicial Development and Denial of Fundamental and Socio-economic Rights in Old Calabar, 1813-1906: A Study in Legal History of Nigeria

Abstract

Before the abolition of the slave trade by Great Britain in 1807, the Anglo-Old Calabar relations did not bring about any remarkable change in the indigenous legal system of the people. However, following the abolition of the slave trade and slavery, the Berlin Conference and the General Act of Berlin and the gradual imposition of colonial rule, the contour of the indigenous legal and judicial system was altered and subsequently replaced with the English judicial system. In addition to the English law, international laws were introduced into the Old Calabar territories. Experience has shown that Old Calabar could not develop despite its leading role in the production of the chief commodity of the legitimate trade. The aim of the article is to find out why Old Calabar and its environs could not develop in view of the leading role it played during the palm oil trade. It is believed that the laws and court system introduced by the British did not encourage economic and human capital developments. The article assesses the new laws and the court system that were introduced and their overall impact on the society. The article adopts historical descriptive analysis methodology to interrogate the relevant documents concerning the topic under discussion. The study has revealed, among other things, that the indigenous Courts and Court members were gradually replaced with, first the Court of Equity, and later the English-style Courts. The European commercial transactions and most decisions of the Court of Equity did not favour the Old Calabar traders who engaged in the palm oil trade, especially under the trust system. Prices paid to the indigenous traders and producers were abysmally low. Certain Natural Rulers and middlemen had their palm oil confiscated by the British oil merchants for nay flimsy reasons; they were usually punishes for the offences committed by their subjects. They were greatly discouraged from developing themselves as exporters. All this did not make for socio-economic and human capital developments in Old Calabar, unlike the booming economic situation in the United Kingdom whose economy was chiefly based on the African palm oil and other forest products.