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interests, authorities, and powers respectively, for the purposes of the Company and on the terms of the said Charter :
And whereas the said Company were further authorised and empowered, subject to the approval of a Secretary of State, to acquire and take by purchase, cession, or other lawful means other rights, interests, authorities, or powers of any kind or nature whatever, in, over, or affecting the territories, lands, or property comprised in the several treaties aforesaid, or any rights, interests, authorities, or powers of any nature or kind whatever in, over, or affecting other territories, lands, or property in the region aforesaid, and to hold, use, enjoy, and exercise the same for the purposes of the said Company, and on the terms of the said Charter :
And whereas by the said Charter it was declared that in case at any time it should be made to appear to Her Majesty in Council expedient that the said Charter should be revoked, it should be lawful for Her Majesty, Her heirs and successors, and Her Majesty did thereby expressly reserve the right and power by writing under the Great Seal of the United Kingdom, to revoke the said Charter :
And whereas pursuant to the authority in that behalf given to the Company by the said Charter, the Company, with the approval of a Secretary of State, acquired by treaties, cessions, or other lawful means divers further rights, interests, authorities, or powers in, over, or affecting the territories, lands, and property comprised in the several treaties mentioned or referred to in the said Charter, and divers rights, interests, authorities or powers in, over, or affecting other territories, lands, and property in the region aforesaid :
And whereas the name of the Company was, with the previous approval of a Secretary of State, changed from the National African Company, Limited, to the Royal Niger Company, Chartered and Limited :
And whereas it appeared to Her Majesty in Council expedient that the said Charter should be revoked, and Her Majesty, by and with the advice of Her Privy Council, in exercise of the power for that purpose given or reserved to Her by the said Charter and of every other power thereunto enabling Her, has revoked the said Charter and all the powers, rights, liberties, and authorities thereby given to the Company, and every clause, matter, and thing in the said Charter contained, without prejudice to anything due or lawfully done or any rights, interests, authorities, or powers duly or lawfully acquired by the Company under or by virtue of the said Charter, or any of the powers, rights, liberties, and authorities thereby given to the Company previous to the revocation thereof:
And whereas it is necessary to provide for the peace, order, and good government of the territories aforesaid, and to appoint a High Commissioner for the said territories:
NOW, THEREFORE, Her Majesty, by virtue and in exercise of the powers by “The Foreign Jurisdiction Act, 1890," or otherwise
in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows :
1. This Order may be cited as the Northern Nigeria Order in Council, 1899.
2. The limits of this Order are the territories of Africa bounded by the following line, namely, a line commencing at the point of intersection of the River Okpara with the 9th degree of north latitude, and then proceeding in a northerly direction along a line passing west of the lands belonging to the following places, viz. : Tabira, Okuta (Okouta), Boria, Tere, Gbani, Ashigere (Yassikéra), and Dekala. From the most westerly point of the lands belonging to Dekala, the line runs in a northerly direction, coinciding as far as possible with the line indicated on the map marked No. 1 which is attached to the Convention with France of the 14th of June, 1898, and strikes the right bank of the Niger at a point situated 10 miles (16,093 metres) up-stream from the centre of the town of Gere (Guiris) (the port of Ilo), measured as the crow flies. From this point the line runs at right angles to the right bank of the Niger as far as its intersection with the median line of the river. It then follows the median line of the river, up-stream, as far as its intersection with a line drawn perpendicularly to the left bank from the median line of the mouth of the depression or dry watercourse, called the Dallul Mauri, situate at a distance of about 17 miles (27,359 metres), measured as the crow flies, from a point on the left bank opposite the abovementioned village of Gere (Guiris). From this point of intersection the line follows this perpendicular till it meets the left bank of the river, and then follows the median line of the Dallul Mauri until it meets the circumference of a circle drawn from the centre of the town of Sokoto with a radius of 100 miles (160,932 metres). From this point it follows the northern arc of this circle as far as its second intersection with the 14th parallel of north latitude. From this second point of intersection it follows this parallel eastward for a distance of 70 miles (112,652 metres); then proceeds due south until it reaches the parallel of 13 deg. 20 min. north latitude, then eastward along this parallel for a distance of 250 miles (402,230 metres); then due north until it regains the 14th parallel of north latitude ; then eastwards along this parallel as far as its intersection with the meridian passing 35 min. east of the centre of the town of Kuka, and thence this meridian southward until its intersection with the southern shore of Lake Chad. From this point the line goes direct to the point of intersection of the 13th degree of longitude east of Greenwich and the 10th degree of north latitude, and thence in a south-easterly direction to a point on the left or southern bank of the River Benue, which it crosses, five kilometres below the centre of the main mouth of the Faro River. Thence the line follows, south of the Benue, the circumference of a circle, the centre of which is the centre of the town of Yola as it existed in 1893, and the radius of which is the distance between the
centre of the town of Yola and the point on the left bank of the Benue five kilometres below the centre of the main mouth of the Faro River, until the circumference meets a straight line drawn from the point on the right bank of the Old Calabar or Cross River, marked “Rapids” in the English Admiralty chart, direct towards the centre of the town of Yola. It then follows that line in a south-westerly direction to a point near Ashaku, whence it runs west to Idda on the Niger, leaving Takum to the north ; from Idda, which it leaves to the south, the line runs west to Owo, leaving to the south the Benin territories, and then northward to the frontier of the Kabba district, whence it passes westward through Aiedi, Awton, and Illa, leaving to the north the towns subject to Ilorin and to the south the towns subject to Ibadan or Oyo. Thence it runs in a north-westerly direction along the frontier of Ilorin past Odo Otin and Ikirun, both of which it leaves to the south, until the frontier of Ilorin meets the 9th parallel of north latitude. It then runs west, leaving all Borgu towns to the north and all Yoruba towns to the south, as far as the point of intersection of the Okpara River with the 9th parallel of north latitude.
The territories so bounded should be known as Northern Nigeria.
3. In this Order, unless the subject or context otherwise requires,
“ Her Majesty” includes Her Majesty's heirs and successors. Secretary of State” means one of Her Majesty's Principal
Secretaries of State. " Treaty” includes any existing or future Treaty, Convention,
Agreement, or Arrangement made by or on behalf of Her Majesty with any civilised Power or with any native tribe, people, Chief, or King, and any Regulation appended to any such Treaty, Convention, Agreement,
or Arrangement. “Gazette ” means any official Gazette published by authority
of the High Commissioner, and, until such Gazette is
instituted, means the London Gazette. 4. Her Majesty may appoint a High Commissioner for Northern Nigeria, and such High Commissioner may, on Her Majesty's behalf, exercise all powers and jurisdiction which Her Majesty, at any time before or after the date of this Order, had, or may have, within Northern Nigeria, and to that end may take, or cause to be taken, all such measures, and may do, or cause to be done, all such matters and things therein as are lawful, and as in the interest of Her Majesty's service he may think expedient, subject to such instructions as he may from time to time receive from Her Majesty, or through a Secretary of State.
5. Subject to the approval of a Secretary of State, the High Commissioner may appoint so many fit persons as, in the interest of Her Majesty's service he may think necessary, to be Deputy
Commissioners, Residents, Assistant Residents, Judges, Magistrates, or other Officers, and may define from time to time the districts within which such Officers shall respectively discharge their functions.
Every such Officer may exercise such powers and authorities as the High Commissioner may, with the like approval, assign to him, subject nevertheless to such directions as the High Commissioner may from time to time think fit to give him. The appointment of such Officers shall not abridge, alter, or affect the right of the High Commissioner to execute and discharge all the powers and authorities hereby conferred upon him.
The High Commissioner may, subject to confirmation by a Secretary of State, remove any Officer so appointed.
6. In the exercise of the powers and authorities hereby conferred upon him, the High Commissioner may, amongst other things
, from time to time by Proclamation, provide for the administration of justice, the raising of revenue, and generally for the peace, order, and good government of Northern Nigeria, and of all persons therein, including the prohibition and punishment of acts tending to disturb the public peace.
The High Commissioner, in issuing such Proclamations, shall respect any native laws by which the civil relations of any native chiefs, tribes, or populations under Her Majesty's protection are now regulated, except so far as the same may be incompatible with the due exercise of Her Majesty's power and jurisdiction, or clearly injurious to the welfare of the said natives.
7. Every Proclamation of the High Commissioner shall be published in the Gazette, and shall, from and after a date to be mentioned in such Proclamation, and thereafter until disallowed by Her Majesty or repealed or modified by any subsequent Proclamation, have effect as if contained in this Order, and the High Commissioner shall take such measures as he thinks proper for giving due publicity thereto within Northern Nigeria.
8. Her Majesty may disallow any such Proclamation wholly or in part, and may signify such disallowance by Order in Council or through a Secretary of State, and upon such disallowance being publicly notified in the Gazette the provisions 80 disallowed shall, from and after a date to be mentioned in such notification, cease to have effect, but without prejudice to anything theretofore lawfully done thereunder. Due notification shall be publicly made by the High Commissioner within Northern Nigeria of the disallowance of any such Proclamation.
9. There shall be a Public Seal of and for Northern Nigeria which the High Commissioner shall keep and use for sealing all things whatsoever that shall pass the said Seal; provided that until a Public Seal shall be provided, the private seal of the
High Commissioner may be used as the Public Seal of Northern Nigeria."
10. The High Commissioner may, upon sufficient cause to him appearing, suspend from the exercise of his office any person holding or exercising any office within Northern Nigeria, whether appointed by the High Commissioner or under or by virtue of any Commission or Warrant granted, or which may be granted, by Her Majesty in Her Majesty's name or under Her Majesty's authority, which suspension shall continue and have effect only until Her Majesty's pleasure therein shall be signified to the High Commissioner by a Secretary of State. The High Commissioner, in proceeding to any such suspension, shall observe the directions in that behalf given to him by any instructions from Her Majesty or signified through a Secretary of State.
11. The High Commissioner may, as he shall see occasion, when any crime has been committed within Northern Nigeria, or for which the offender may be tried therein, grant a pardon in Her Majesty's name to any accomplice, not being the actual perpetrator of such crime, who shall give such information and evidence as shall lead to the apprehension and conviction of the principal offender; and further may grant to any offender convicted of any crime in any Court, or before any judge, justice, magistrate, or other officer within Northern Nigeria, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender, for such period as to the High Commissioner may seem fit, and may remit any fines, penalties, or forfeitures, which may become due and payable.
12. Subject to the provisions of this Order or of any Proclamation made under this Order, all Statutes, Orders in Council, Rules, Regulations, or Treaties, together with any jurisdiction exercisable thereunder, whether exercisable by Her Majesty or by any person on Her behalf, or by any Court within Northern Nigeria, or under any Commission, or under any Charter granted by Her Majesty, which at the commencement of this Order are in force within the limits of this Order or any part of such limits, shall remain in full force, and every suit, action, complaint, matter or thing, civil or criminal, which shall be depending in any Court within Northern Nigeria at the commencement of this Order, shall and may be proceeded with in such Court in like manner as if this Order had not been passed.
13. In the event of the death, incapacity, absence, or removal of the High Commissioner from Northern Nigeria, all and every the powers and authorities herein granted to him, shall until Her Majesty's further pleasure is signified therein, be vested in such
* A new Public Seal has been provided by Warrant of 28th March, 1903. Appendix,