“Africa is not a country.”
Yet when it comes to law and justice, can we even speak of a singular African legal identity? Or are we still living in the fractured shadows of colonial lawbooks?
Across the continent, a Nigerian judge delivers rulings based on English common law. A Kenyan lawyer cites Indian precedents. A Togolese court upholds Napoleonic code principles. And in South Africa, Roman-Dutch law still echoes in the corridors of modern justice. Welcome to the complex and contested world of African law.
The Colonial Blueprint
The legal foundations of most African countries were not born from within. They were imported, enforced, and institutionalized by colonial rulers. Today, that legacy remains entrenched:
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Anglophone Africa still relies heavily on common law principles.
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Francophone Africa mirrors the French civil law system.
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Lusophone countries lean on Portuguese legal traditions.
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North Africa is influenced by Islamic law and civil law traditions.
Even after more than six decades of independence, many African legal systems have only made minor modifications to their inherited frameworks.
Is it possible to speak of a unified African legal identity when our systems still bow to foreign jurisprudence?
Tradition vs Modernity: Two Laws, One Continent
While formal courts and constitutional systems dominate national legal structures, millions of Africans continue to resolve disputes through customary and traditional law under chiefs, elders, and spiritual leaders. These systems, though rich in cultural memory, often remain unrecognized or underfunded.
This legal dualism leads to key tensions:
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Women’s rights are often undermined in traditional systems.
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Land disputes are more trusted in customary courts than in national land commissions.
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Religious law, especially in parts of Nigeria, Sudan, and Somalia, introduces a third dimension to the mix.
So whose justice counts? And what defines African law in such a fragmented landscape?
Towards an African Legal Identity: Fiction or Future?
Several Pan-African thinkers, legal scholars, and reformers have long called for a reawakening of Africanized jurisprudence law that reflects the values, philosophies, and realities of African societies. But what would that look like?
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A Unified African Charter of Legal Values?
Could African countries agree on a shared legal philosophy rooted in Ubuntu, justice, fairness, and reconciliation? -
Rewriting the Law in African Languages?
Today, laws are drafted in English, French, or Portuguese. Would translating them into Swahili, Yoruba, or Amharic bridge the gap between people and justice? -
Blending Customary and Formal Law?
A deliberate hybrid system could respect cultural identity while aligning with international human rights. -
A Pan-African Court with Real Power?
The African Court on Human and Peoples’ Rights exists but lacks teeth. Could a revitalized court unify interpretation across borders?
The Roadblocks
Efforts to Africanize the law face formidable challenges:
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Political interference in law reform.
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Elite legal education still rooted in Western tradition.
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Lack of funding for customary courts and grassroots legal initiatives.
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Fear of instability from radical legal overhauls.
Yet the question remains: Can Africa truly own its future if it does not own its laws?
A Call to Thought
We are at a turning point. As Africa navigates artificial intelligence, digital rights, land redistribution, climate justice, and generational change, it cannot afford to operate on borrowed legal frameworks. We must ask:
What would an African legal identity look like if we dared to build it ourselves?
It may not be a simple codification of custom. Nor a rejection of colonial legacy. But perhaps a third way a legal system that is rooted in Africa’s realities, responsive to its people, and respected by the world.
What’s your take? Is there such a thing as African law or just African lawyers working in borrowed systems? Join the conversation. #LegalAfrica
