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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

1 Nigerian National Archives, Enugu (hereafter NNAE) BCA (Biafran Court of Appeal) 5/31/6, The State v. Ibrahim Bakar, 19 Dec. 1967. The names of criminal defendants in unreported cases have been changed to protect their privacy.

2 On the challenges of governing in these conditions, see Mampilly, Zachariah Cherian, Rebel Rulers: Insurgent Governance and Civilian Life during War (Ithaca: Cornell University Press, 2011)Google Scholar; Debos, Marielle, Living by the Gun in Chad: Combatants, Impunity, and State Formation (London: Zed Books, 2016)Google Scholar.

3 This argument builds on an important body of scholarship on colonial rules of law. See, for example, Roberts, Richard and Mann, Kristin, eds., Law in Colonial Africa (Portsmouth: Heinemann, 1991)Google Scholar; Chanock, Martin, Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia (Portsmouth: Heinemann, 1998)Google Scholar; Moore, Sally Falk, Social Facts and Fabrications: ‘Customary’ Law on Kilimanjaro, 1880–1980 (Cambridge: Cambridge University Press, 1986)Google Scholar; Ibhawoh, Bonny, Imperial Justice: Africans in Empire's Court (Oxford: Oxford University Press, 2013)CrossRefGoogle Scholar; Surkis, Judith, Sex, Law, and Sovereignty in French Algeria, 1830–1930 (Ithaca: Cornell University Press, 2019)CrossRefGoogle Scholar.

4 Many parties have an interest in tarring contemporary African legal systems in this way, from presidents who discredit their own judges to undercut critique, to foreign corporations that use judicial dysfunction as an excuse to ignore local laws. See Appel, Hannah, The Licit Life of Capitalism: US Oil in Equatorial Guinea (Durham: Duke University Press, 2019): 162–66Google Scholar.

5 The definitive account of this episode is Douglas A. Anthony, Poison and Medicine: Ethnicity, Power, and Violence in a Nigerian City, 1966 to 1986 (New York: Heinemann, 2002).

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

7 The ethnic dimensions of Biafran ideology are treated comprehensively in Nwauwa, Apollos O. and Korieh, Chima J., eds., Against All Odds: The Igbo Experience in Postcolonial Nigeria (Glassboro: Goldline and Jacobs Publishing, 2011)Google Scholar.

8 Olaniyan, Tejumola, ed., State and Culture in Postcolonial Africa: Enchantings (Bloomington: Indiana University Press, 2017), 1112Google Scholar. See also Zeleza, Paul Tiyambe, Manufacturing African Studies and Crises (Dakar: Codesria, 1997), 102–8Google Scholar.

9 Frederick Cooper's influential Africa since 1940: The Past of the Present (Cambridge: Cambridge University Press, 2019[2002]) argued for continuity across the moment of independence in its periodization—formal independence passes almost unnoted for many of the countries described. Many historians of independence have followed this lead.

10 Marxist scholars began making this point almost immediately after independence, arguing that the class of “compradors” who took power in most former colonies were members of a bourgeois elite whose rule was best understood as a continuation of colonialism. Debates about how to characterize Nigeria's elites continue. See Tijani, Hakeem Ibikunle, Britain, Leftist Nationalists, and the Transfer of Power in Nigeria, 1945–1965 (New York: Routledge, 2006)Google Scholar; Mayer, Adam, Naija Marxisms: Revolutionary Thought in Nigeria (London: Pluto Press, 2016)CrossRefGoogle Scholar.

11 On Kelsen, see Harris, J. W., “When and Why Does the Grundnorm Change?Cambridge Law Journal 29, 1 (1971): 103–33CrossRefGoogle Scholar.

12 Reid, Richard, “State of Anxiety: History and Nation in Modern Africa,” Past and Present 229, 1 (2015): 239–69CrossRefGoogle Scholar; Chrétien, Jean-Pierre, The Great Lakes of Africa: Two Thousand Years of History, Straus, Scott, trans. (London: Zone, 2003)Google Scholar; Schoenbrun, David, A Green Place, a Good Place: Agrarian Change, Gender, and Social Identity in the Great Lakes Region to the 15th Century (Portsmouth: Heineman, 1998)Google Scholar; Wariboko, Nimi, Ethics and Society in Nigeria: Identity, History, Political Theory (Rochester: Rochester University Press, 2019)Google Scholar.

13 On these longer questions, see Afigbo, Adiele, The Igbo and Their Neighbours: Inter-Group Relations in Southeastern Nigeria to 1953 (Ibadan: University of Ibadan Press, 1987)Google Scholar; Ifemesia, C. C., Southeastern Nigeria in the Nineteenth Century: An Introductory Analysis (New York: Nok Publishers, 1978)Google Scholar; Dike, Kenneth, Trade and Politics in the Niger Delta, 1830–1885 (Oxford: Clarendon Press, 1956)Google Scholar; Nwokeji, Ugo, The Slave Trade and Culture in the Bight of Biafra: An African Society in the Atlantic World (New York: Cambridge University Press, 2010)CrossRefGoogle Scholar. More generally, see Ade Ajayi, J. F., “Colonialism: An Episode in African History,” in Falola, Toyin, ed., Tradition and Change in Africa: The Essays of J. F. Ade Ajayi (Trenton: Africa World Press, 2000)Google Scholar.

14 The cracks that showed through were not a referendum on their ability as storytellers, but rather a reflection of how difficult this task was. Jewsiewicki, Bogumil, “African Historical Studies Academic Knowledge as ‘Usable Past’ and Radical Scholarship,” African Studies Review 32, 3 (1989): 176CrossRefGoogle Scholar.

15 Cooper, Frederick, Citizenship, Inequality, and Difference: Historical Perspectives (Princeton: Princeton University Press, 2018), 144Google Scholar; Nyamanjoh, Francis B., “Citizenship,” in Desai, Gaurav and Masquelier, Adeline, eds., Critical Terms for the Study of Africa (Chicago: University of Chicago Press, 2018), 57Google Scholar. See also Geschiere, Peter, The Perils of Belonging: Autochthony, Citizenship, and Exclusion in Africa and Europe (Chicago: University of Chicago Press, 2009)CrossRefGoogle Scholar; Hunter, Emma, ed., Citizenship, Belonging, and Political Community in Africa: Dialogues between Past and Present (Athens: Ohio University Press, 2016)Google Scholar.

16 Ojo, Abiola, “The Search for a Grundnorm in Nigeria: The Lakanmi Case,” Nigerian Journal of Contemporary Law 1, 2 (1970): 117–36Google Scholar; Azinge, Epiphany, Law-Making under Military Regimes: The Nigerian Experience (Benin City: Oliz Publishers, 1994)Google Scholar.

17 Gregory Mann, From Empires to NGOs in the West African Sahel: The Road to Nongovernmentality (New York: Cambridge University Press, 2015), 5.

18 Important discussions of this problem include Herbst, Jeffrey, States and Power in Africa: Comparative Lessons in Authority and Control (Princeton: Princeton University Press, 2000)Google Scholar; Jackson, Robert H. and Rosberg, Carl G., “Why Africa's Weak States Persist: The Empirical and the Juridical in Statehood,” World Politics 35, 1 (1982): 124CrossRefGoogle Scholar.

19 National Archives of the United Kingdom, FCO 38/216, Summary of meeting between Lord Shepherd and Sir Louis Mbanefo, 11 June 1968.

20 On Biafra's complicated relationship with the idea of “modernity” see Anthony, Douglas, “Resourceful and Progressive Blackmen: Modernity and Race in Biafra, 1967–1970,” Journal of African History 51, 1 (2010): 4161CrossRefGoogle Scholar. In the contemporary literature that reevaluates how bureaucracy operates as an implement of administration, see Kafka, Ben, The Demon of Writing: Powers and Failures of Paperwork (Cambridge: MIT Press, 2012)CrossRefGoogle Scholar; Crooks, Peter and Parsons, Timothy, eds., Empires and Bureaucracy in World History: From Late Antiquity to the Twentieth Century (Cambridge: Cambridge University Press, 2016)CrossRefGoogle Scholar; Hull, Matthew S., Government of Paper: The Materiality of Bureaucracy in Urban Pakistan (Berkeley: University of California Press, 2012)CrossRefGoogle Scholar.

21 Achebe, Chinua, There Was a Country: A Memoir (New York: Penguin, 2012), 144Google Scholar.

22 Significantly, this is the only time “Igbo” appears in the declaration. Ojukwu, Chukwuemeka Odumegwu, The Ahiara Declaration: The Principles of the Biafran Revolution (Geneva: Markpress, 1969)Google Scholar.

23 “Chief Chukwuemeka Odumegwu-Ojukwu,” in H. B. Momoh, ed., The Nigerian Civil War, 1967–1970: History and Reminiscences (Ibadan: Sam Bookman, 2000), 758.

24 On European statecraft, law, and the articulation of colonial boundaries, see Pitts, Jennifer, Boundaries of the International: Law and Empire (Cambridge: Harvard University Press, 2018)CrossRefGoogle Scholar; Press, Steven, Rogue Empires: Contracts and Conmen in Europe's Scramble for Africa (Cambridge: Harvard University Press, 2017)CrossRefGoogle Scholar; Tamuno, Tekena, The Evolution of the Nigerian State: The Southern Phase, 1898–1914 (London: Longman, 1972)Google Scholar; Anene, J. C., The International Boundaries of Nigeria 1885–1960: The Framework of an Emergent African Nation (New York: Humanities Press, 1970)Google Scholar.

25 Cooper, Frederick, “Gatekeeping Practices, Gatekeeper States and Beyond,” Third World Thematics 3, 3 (2018): 455–68CrossRefGoogle Scholar.

26 The evidence for this logic is admittedly partial. Biafra's legal records are very scattered and incomplete, and it is impossible to count cases in any given town or court with confidence. The fragments that survive suggest a wide and varied use of the courts, however, even though the importance of Biafra's legal institutions is difficult to establish quantitatively.

27 Ojukwu, Emeka, The Ahiara Declaration: The Principles of the Biafran Revolution (Geneva: Markpress, 1969)Google Scholar.

28 As Samera Esmeir argues, the rule of law can conceal and reproduce the forms of despotic power that it allegedly constrains; Juridical Humanity: A Colonial History (Stanford: Stanford University Press, 2012), 199. See also Mann, Gregory, “What Was the ‘Indigénat’? The ‘Empire of Law’ in French West Africa,” Journal of African History 50, 3 (2009): 331–53CrossRefGoogle Scholar.

29 On this idea broadly, see Ginsburg, Tom and Moustafa, Tamir, Rule by Law: The Politics of Courts in Authoritarian Regimes (Cambridge: Cambridge University Press, 2008)CrossRefGoogle Scholar; Moore, Sally Falk, Law as Process: An Anthropological Approach (London: Routledge, 1978)Google Scholar.

30 Enugu State High Court, uncatalogued collection, Innocent [illegible] and Patrick Ali, 13 June 1967.

31 Sampson, Ekong, The Path of Justice Chike Idigbe (Lagos: Distinct Universal Limited, 1999), 7576Google Scholar.

32 I borrow this language from Fraenkel, Ernst, The Dual State: A Contribution to the Theory of Dictatorship (Oxford: Oxford University Press, 2017 [1941])CrossRefGoogle Scholar.

33 Biafra Sun, 5 June 1967: 1. Like other aspects of the Biafran legal system, the declaration of the state of emergency had its origins in colonial legal and administrative practice. Emergency measures had been implemented at many junctures in colonial Nigeria, most notably in the southeast in the context of the 1929 Ogu Umunwaanyi, a major anti-colonial rebellion led by market women in Aba. See Bastian, Misty L., “Vultures of the Marketplace: Southeastern Nigerian Women and the Discourses of the Ogu Umunwaanyi (Women's War) of 1929,” in Allman, Jean et al. , eds., Women in African Colonial Histories (Bloomington: Indiana University Press, 2002)Google Scholar.

34 NNAE MINJUST (Ministry of Justice) 115/1/1, “Special Tribunal Nbawsi—Return of Cases,” 11 Dec. 1969.

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

36 Interview with Anthony Mogboh, in his chambers in City Layout, New Haven, Enugu, 2 Oct. 2014.

37 NNAE MINJUST 115/1/1, Attorney-General/Commissioner for Justice to the Chairman, Special Tribunal, Nbawsi, 10 Nov. 1967.

38 Interview with Mike Onwuzunike, Holy Ghost Cathedral, Enugu, 14 Sept. 2014.

39 Wheatley, Natasha, “Spectral Legal Personality in Interwar International Law: On New Ways of Not Being a State,” Law and History Review 35, 3 (2017): 753–87CrossRefGoogle Scholar. See also Umphrey, Martha Merrill, “Law in Drag: Trials and Legal Performativity,” Columbia Journal of Gender and Law 21, 2 (2011): 516–31Google Scholar.

40 Ojukwu, Ahiara Declaration.

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.

49 “The Fateful Decision,” reproduced in Akpan, Ntieyong U., The Struggle for Secession, 1966–1970: A Personal Account of the Nigerian Civil War (London: Frank Cass, 1972), 78Google Scholar.

50 Nigerian National Archives, Calabar 609 CAD 396/1/vol. x 3/3/356, “Recruitment into Biafra Army,” 7 July 1967.

51 NNAE BCA 1/1/74, Ephraim Onwumere and two others v. The State, 12 Mar. 1968.

52 Akande, Rabiat, “Secularizing Islam: The Colonial Encounter and the Making of a British Islamic Criminal Law in Northern Nigeria, 1903–58,” Law and History Review 38, 2 (2020): 459–93CrossRefGoogle Scholar; Mamdani, Mahmood, “Historicizing Power and Responses to Power: Indirect Rule and Its Reform,” Social Research 66, 3 (1999): 859–86Google ScholarPubMed; Spear, Thomas, “Neo-Traditionalism and the Limit of Invention in British Colonial Africa,” Journal of African History 44, 1 (2003): 327CrossRefGoogle Scholar.

53 The closure of the customary courts did not mean the end of custom in Biafra. Informal customary arbitration over property and matters of family continued throughout the war, which the Ministry of Justice tolerated, and matters of custom appeared before magistrate's courts regularly.

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).

55 Enugu State High Court, uncatalogued collection, “In re: Obongship of Calabar,” 9 Dec. 1967.

56 See also a case involving Igbo Biafrans who became caught up in a matter of Annang law, ultimately resulting in a mistrial. NNAE BCA 1/2/3, Nwamiri Anyiso and Nwaonumara Anyiso v. The State, 3 June 1968.

57 Enugu State High Court, uncatalogued collection, The State v. Ikenna Odoh, 9 Dec. 1969.

58 National Archives of the United Kingdom, FCO 25/232, “Confidential Report by David Hunt, Lagos,” 23 Mar. 1967.

59 On Biafra's propaganda, see Doron, Roy, “Marketing Genocide: Biafran Propaganda Strategies During the Nigerian Civil War, 1967–70,” Journal of Genocide Research 16, 2/3 (2014): 227–46CrossRefGoogle Scholar; Omaka, Arua Oko, “Conquering the Home Front: Radio Biafra in the Nigeria–Biafra War, 1967–1970,” War in History 25, 4 (2018): 555–75CrossRefGoogle Scholar.

60 See, respectively, Chatterjee, Partha, The Nation and Its Fragments: Colonial and Postcolonial Histories (Princeton: Princeton University Press, 1993)Google Scholar; Burbank, Jane and Cooper, Frederick, Empires in World History: Power and the Politics of Difference (Princeton: Princeton University Press, 2011)Google Scholar.

61 National Archives of the United Kingdom, DO 186/1, “Transcription of Ojukwu's 29th May Biafran Anniversary Address.”

62 On these borders, see Nugent, Paul and Asiwaju, A. I., eds., African Boundaries: Barriers, Conduits and Opportunities (London: Pinter, 1996)Google Scholar; Widstrand, Carl Gösta, ed., African Boundary Problems (Uppsala: Scandinavian Institute of African Studies, 1969)Google Scholar.

63 Comparatively, see De, Rohit, A People's Constitution: The Everyday Life of Law in the Indian Republic (Princeton: Princeton University Press, 2018)Google Scholar.

64 Reconciling that apparent thinness with their capacity to be repressive was a task for all who wrote on African states in this period. Bates, Robert, When Things Fell Apart: State Failure in Late Century Africa (Cambridge: Cambridge University Press, 2008)CrossRefGoogle Scholar; Young, Crawford, The Postcolonial State in Africa: Fifty Years of Independence, 1960–2010 (Madison: University of Wisconsin Press, 2012)Google Scholar; Mamdani, Mahmood, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (Princeton: Princeton University Press, 1996)Google Scholar; Clapham, Christopher, Africa and the International System (Cambridge: Cambridge University Press, 1996)CrossRefGoogle Scholar. Critically, see Osaghae, Eghosa, “Fragile States,” Development in Practice 17, 4–5 (2007): 691–99CrossRefGoogle Scholar; Ihonvbere, Julius, “The ‘Irrelevant’ State, Ethnicity, and the Quest for Nationhood in Africa,” Ethnic and Racial Studies 17, 1 (1994): 4260CrossRefGoogle Scholar.

65 Jackson, Robert H. and Rosberg, Carl G., “Why Africa's Weak States Persist: The Empirical and the Juridical in Statehood,” World Politics 35, 1 (1982): 124CrossRefGoogle Scholar.

66 Beek, Jan, Göpfert, Mirco, Owen, Olly, and Steinberg, Johnny, eds., Police in Africa: The Street Level View (London: Hurst, 2017), 2CrossRefGoogle Scholar.

67 Reid, Richard, A History of Modern Uganda (Cambridge: Cambridge University Press, 2017), 5CrossRefGoogle Scholar.

68 Bayart, Jean-François, The State in Africa: The Politics of the Belly (Cambridge: Polity, 2009), 41Google Scholar; Chabal, Patrick and Daloz, J., Africa Works: Disorder as Political Instrument (Oxford: James Currey, 1999), 95Google Scholar. Social scientists offer many different terms for understanding the state in postcolonial Africa. See among them Reno, William, Corruption and State Politics in Sierra Leone (Cambridge: Cambridge University Press, 1995)Google Scholar; Macamo, Elísio Salvado, The Taming of Fate: Approaching Risk from a Social Action Perspective: Case Studies from Southern Mozambique (Dakar: Codesria, 2017)CrossRefGoogle Scholar; Young, Crawford and Turner, Thomas, The Rise and Decline of the Zairian State (Madison: University of Wisconsin Press, 1985)Google Scholar; Comaroff, Jean and Comaroff, John, eds., Law and Disorder in the Postcolony (Chicago: University of Chicago Press, 2006)CrossRefGoogle Scholar; Mbembe, Achille, Necropolitics (Durham: Duke University Press, 2019)Google Scholar; Fassin, Didier, ed., At the Heart of the State: The Moral World of Institutions (London: Pluto Press, 2015)CrossRefGoogle Scholar; Watson, Jini Kim and Wilder, Gary, eds., The Postcolonial Contemporary: Political Imaginaries for the Global Present (New York: Fordham University Press, 2018)Google Scholar. See also Hunt, Nancy Rose, A Nervous State: Violence, Remedies, and Reverie in Colonial Congo (Durham: Duke University Press, 2016)Google Scholar; Nugent, Paul, Africa since Independence: A Comparative History (Basingstoke: Palgrave, 2004)CrossRefGoogle Scholar. On structural adjustment in Nigeria, see Olukoshi, Adebayo O., The Politics of Structural Adjustment in Nigeria (London: James Currey, 1993)Google Scholar; Adeoye, A. O., “Of Economic Masquerades and Vulgar Economy: A Critique of the Structural Adjustment Program in Nigeria,” Africa and Development/Afrique et Développement 16, 1 (1991): 2344Google Scholar.

69 This fundamental insight of the law and society approach is a given in legal scholarship elsewhere. See Witt, John Fabian, “Law and War in American History,” American Historical Review 115, 3 (2010): 768–78CrossRefGoogle Scholar. Among recent reevaluations of the nation-state's history, see MacArthur, Julie, “Decolonizing Sovereignty: States of Exception along the Kenya-Somali Frontier,” American Historical Review 124, 1 (2019): 108–43CrossRefGoogle Scholar; Larmer, Miles, “Nation-Making at the Border: Zambian Diplomacy in the Democratic Republic of Congo,” Comparative Studies in Society and History 61, 1 (2019): 145–75CrossRefGoogle Scholar; Walker, Lydia, “Decolonization in the 1960s: On Legitimate and Illegitimate Nationalist Claims-Making,” Past and Present 242, 1 (2019): 227–64CrossRefGoogle Scholar.

70 Sklar, Richard, Nigerian Political Parties: Power in an Emergent African Nation (Princeton: Princeton University Press, 1963)Google Scholar; Campbell, John, Nigeria: Dancing on the Brink (New York: Roman and Littlefield, 2010)Google Scholar; Maier, Karl, This House Has Fallen: Midnight in Nigeria (New York: Public Affairs, 2000)Google Scholar. See also Chinua Achebe's tongue-in-cheek polemic, The Trouble with Nigeria (Enugu: Fourth Dimension, 1983).

71 Chabal, Patrick and Daloz, Jean-Pascal, Culture Troubles: Politics and the Interpretation of Meaning (London: Hurst, 2006), 261Google Scholar. Nigeria has the largest population on the continent by a significant margin.

72 It is important to consider whose interests Nigeria's fragility might serve. Michael Watts makes the point that Nigeria's capacities are asymmetrical—some parts of its administrative apparatus are coherent and discernable, while others are spectral. As he writes, Nigeria's state structure “has been informalized for particular purposes, vested with certain robust state capabilities, and made functional (i.e., instrumentalized through networks, pacts, and coalitions) via specific modalities and ordering of power.” Watts, Michael J., “State as Illusion? A Commentary on Moral Economies of Corruption,” Comparative Studies of South Asia, Africa and the Middle East 39, 3 (2019): 551–58CrossRefGoogle Scholar, 554. See also Pierce, Steven, Moral Economies of Corruption: State Formation and Political Culture in Nigeria (Durham: Duke University Press, 2016)CrossRefGoogle Scholar; Osaghae, Eghosa E., Crippled Giant: Nigeria since Independence (Bloomington: Indiana University Press, 1998)Google Scholar; LeVan, A. Carl, Contemporary Nigerian Politics: Competition in a Time of Transition and Terror (Cambridge: Cambridge University Press, 2019)Google Scholar.

73 In this vein, see Obadare, Ebenezer, Humor, Silence, and Civil Society in Nigeria (Rochester: University of Rochester Press, 2016)Google Scholar; Bourne, Richard, Nigeria: A New History of a Turbulent Century (London: Zed Books, 2015)Google Scholar; Obadare, Ebenezer and Adebanwi, Wale, eds., Encountering the Nigerian State (New York: Palgrave Macmillan, 2010)Google Scholar.

74 Armitage, David, Civil Wars: A History in Ideas (New York: Alfred A. Knopf, 2017), 15Google Scholar.

75 Lagos State Research and Archives Board, CSG 1.4, Lagos State Military Governor Mobolaji Johnson to Nnamdi Azikiwe, 15 Oct. 1969.

76 The historian Tekena Tamuno offered a similar interpretation in the 1970s, in “Introduction: Men and Measures in the Nigerian Crisis, 1966–1970,” in Tekena Tamuno, ed., Nigeria since Independence, Volume VI, The Civil War Years (Ibadan: Heinemann, 1989).

77 Cooper, Frederick, Citizenship between Empire and Nation: Remaking France and French Africa, 1945–1960 (Princeton: Princeton University Press, 2016)Google Scholar; Olúfẹ´mi Táíwò, Africa Must Be Modern: A Manifesto (Bloomington: Indiana University Press, 2014); Waberi, Abdourahman A., In the United States of Africa (Lincoln: University of Nebraska Press, 2009)Google Scholar; White, Luise, Unpopular Sovereignty: Rhodesian Independence and African Decolonization (Chicago: University of Chicago Press, 2015)CrossRefGoogle Scholar.

78 Getachew, Adom, Worldmaking after Empire: The Rise and Fall of Self-Determination (Princeton: Princeton University Press, 2019), 11Google Scholar.

79 See Reno, Will, “African Rebels and the Citizenship Question,” in Dorman, Sara, Hammett, Daniel, and Nugent, Paul, eds., Making Nations, Creating Strangers: States and Citizenship in Africa (Leiden: Brill, 2007)Google Scholar.

80 Comparatively, see Sharafi, Mitra, Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772–1947 (New York: Cambridge University Press, 2014)CrossRefGoogle Scholar; Judson, Pieter M., The Habsburg Empire: A New History (Cambridge: Harvard University Press, 2016)CrossRefGoogle Scholar.

81 Davidson, Basil, The Black Man's Burden: Africa and the Curse of the Nation-State (New York: Times Books, 1992)Google Scholar. See also Fawole, W. Alade, The Illusion of the Post-Colonial State: Governance and Security Challenges in Africa (Lanham: Lexington, 2018)Google Scholar; Neocosmos, Michael, Thinking Freedom in Africa: Toward a Theory of Emancipatory Politics (Johannesburg: Wits University Press, 2016)CrossRefGoogle Scholar; Wamba-dia-Wamba, Ernest, History of Neo- colonialism or Neo-colonialist History? Self-Determination and History in Africa (Trenton: Africa Research and Publications Project, [1984])Google Scholar.

82 Wilder, Gary, Freedom Time: Negritude, Decolonization, and the Future of the World (Durham: Duke University Press, 2015), 4CrossRefGoogle Scholar.

83 Those alternatives seemed especially likely to people in international institutions, on both the left and the right. See Mazower, Mark, No Enchanted Palace: The End of Empire and the Ideological Origins of the United Nations (Princeton: Princeton University Press, 2009)CrossRefGoogle Scholar; Slobodian, Quinn, Globalists: The End of Empire and the Birth of Neoliberalism (Cambridge: Harvard University Press, 2018)CrossRefGoogle Scholar.

84 See Kelly, John D. and Kaplan, Martha, “Legal Fictions after Empire,” in Howland, Douglas and White, Luise, eds., The State of Sovereignty: Territories, Laws, Populations (Bloomington: Indiana University Press, 2009), 169–95Google Scholar.