The 1914 Amalgamation of Nigeria and the matter of self-determination.

Amalgamation was uniquely Nigerian. It was only in Nigeria that Britain adopted ‘amalgamation’, nowhere else in Africa did they do this. Amalgamation is a legal transaction whereby two or more entities (the amalgamating entities) combine to form one amalgamated entity. The incorporating jurisdiction of the amalgamating entities governs the amalgamation. The Nigeria Amalgamation was a legally binding arrangement between 3 entities – Lagos colony, Northern Protectorate and Southern Protectorate. The understanding, and indeed intention, of the signatories was made absolutely clear, that although under one umbrella, that is, Nigeria, each of the named constituent territories would be separately administered, ‘each subject to a different set of laws’ (see Colonial Reports 1914). That was the incorporating jurisdiction.
 
The amalgamating entities in 1914 had different relationships with Britain. Lagos was a colony, whereas the North and the South were protectorates. A protectorate is its own sovereign state merely protected by an outside power. It has its own internal government but has the aid of the outside power when conducting foreign relations. Indeed, the protectorate is a form of alliance. The island of Barbados is a good example of what is meant to be a British protectorate. By contrast, a colony is part of the outside power. A colony is governed entirely by the outside power. There is no sovereignty for a colony. All foreign relations are created and run by the outside power. In other words, at the signing of the Nigeria Amalgamation, the North and the South were technically sovereign states in their own right.
 
The 1914 Amalgamation was, and still is, Nigeria’s founding constitution or incorporating jurisdiction. There is no other legal instrument creating that geographical entity called Nigeria. Fast forward 2021: 1) a federal government has replaced the ‘outside power’; 2) the geographical boundaries of the amalgamating entities have not changed; 3) governance in the amalgamating territories have been devolved to several states however but that devolution is unlawful because it was externally imposed; and, 4) each amalgamating entity reserves the right to walk away from the amalgamation without any penalties because the incorporating jurisdiction included no penalty clause.