Salmon A Shomade - Colonial Legacies and the Rule of Law in Africa: Ghana, Kenya, Nigeria, South Africa, and Zimbabwe

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Colonial Legacies and the Rule of Law in Africa

This book focuses on the continued impact of British colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe.

The legal system is intended to protect regular citizens, but within the majority of Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes, which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the rule of law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences of the colonial legacy on the current legal landscape of each nation and the intersection with the rule of law.

This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.

Salmon A. Shomade is an Associate Professor of Political Science at Emory Universitys Oxford College, United States. Having earned a JD from the University of Virginia School of Law and a PhD from the University of Arizona, Shomade specializes in U.S. Public Law and African Politics. He is the author of Decision Making and Controversies in State Supreme Courts.

African Governance

• 19. Democratic Practice and Governance in Nigeria
• Edited by Ebenezer Oluwole Oni, Omololu Michael Fagbadebo, and Yagboyaju Dhikru Adewale

• 20. Political Change and Constitutionalism in Africa
• Emerging Trends
• Edited by Okon Akiba

• 21. Civil Society and Democracy in Nigeria
• A Theoretical Approach
• Bernard Nwosu

• 22. Complicity and Responsibility in Contemporary African Writing
• The Postcolony Revisited
• Minna Johanna Niemi

• 23. The Politics of Contemporary Ethiopia
• Ethnic Federalism and Authoritarian Survival
• Yohannes Gedamu

• 24. Managing Violent Religious Extremism in Fragile States
• Building Institutional Capacity in Nigeria and Kenya
• Abosede Omowumi Babatunde, Mahfouz A. Adedimeji, Shittu Raji, Jacinta Mwende Maweu and John Mwangi Githigaro

• 25. Colonial Legacies and the Rule of Law in Africa
• Ghana, Kenya, Nigeria, South Africa, and Zimbabwe
• Salmon A. Shomade

For more information about this series, please visit: www.routledge.com/Routledge-Contemporary-Africa/book-series/AFRGOV

Colonial Legacies and the Rule of Law in Africa Ghana, Kenya, Nigeria, South Africa, and Zimbabwe

Salmon A. Shomade

First published 2022

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

605 Third Avenue, New York, NY 10158

Routledge is an imprint of the Taylor & Francis Group, an informa business

2022 Salmon A. Shomade

The right of Salmon A. Shomade to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

A catalog record has been requested for this book

ISBN: 978-0-367-37033-6 (hbk)

ISBN: 978-1-032-18674-0 (pbk)

ISBN: 978-0-429-35518-9 (ebk)

DOI: 10.4324/9780429355189

Typeset in Bembo

by Newgen Publishing UK

For the Smith-Shomades

Zolacatherine Bolaji

Salmoncain Leopaul

Beretta Eileen

Contents

1. List of figures
2. Preface
3. Acknowledgments
4. Introduction
5. Rule of law and Africa
6. Ghana: history, colonial legacy, and the rule of law
7. Kenya: history, colonial legacy, and the rule of law
8. Nigeria: history, colonial legacy, and the rule of law
9. South Africa: history, colonial legacy, and the rule of law
10. Zimbabwe: history, colonial legacy, and the rule of law
11. Comparisons and contrasts of select African nations experiences
12. The way forward
13. Index

Figures

1. 3.1 Map of Western Africa featuring Ghana
2. 3.2 Map of the Republic of Ghana and its regions
3. 4.1 Kenyas location in Africa
4. 4.2 Map of the Republic of Kenya and its counties
5. 5.1 Map of Western Africa featuring Nigeria
6. 5.2 Map of Nigeria and its states
7. 6.1 Map of Southern Africa featuring South Africa
8. 6.2 Map of South Africa and its provinces
9. 7.1 Map of Southern Africa featuring Zimbabwe
10. 7.2 Map of Zimbabwe and its provinces

Preface

This book focuses on the rule of law in select African countries Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. Leaning on their shared British colonial legacy, the book traces the impact, effect, opportunities, and challenges this legacy has on or for the purported beneficiaries (i.e., ordinary citizens) of the rule of law. Utilizing nine major driving forces created from what the literature identifies as the issues, sources, and mechanics undergirding the rule of law, the book critically examines in each nation the colonial legacy of each driver and the confluence of this legacy on the rule of law since the beginning of colonialism and up till the current day.

The book begins by explaining that whenever the rule of law in Africa is discussed in many Western nations, the focus inevitably turns to perceived or real failure of African leadership, with scant attention paid to those Africans who are supposed to be its beneficiaries. Those supposed beneficiaries, because the law is infused with excessive Eurocentric antecedents (culturally and linguistically), are alienated from the law and its effects. The book contends that rarely do scholars critically examine how colonial legacy continues to manifest in each nation and how it undermines the rule of law for ordinary citizens. While acknowledging that African leadership and its political elites should receive some blame for not adhering to the rule of law, other institutions, with strong colonial ties, also deserve serious blame.

Among others, one major reason this book is unique is that by assessing colonial legacy through the lenses of the individual driving forces, scholars and students can better understand which driver is adequately performing or underwhelming in helping to nurture each nations adherence to the rule of law. In addition, for the betterment of each nations ordinary citizens, the book should serve as a useful tool for policymakers, both internally and externally, in designing appropriate remedies for curing underwhelming drivers, as well as developing mechanisms for nurturing the more performing drivers. While there are books (and many scholarly articles) that have separately written about the rule of law and colonial legacy, not too many have critically examined the confluence of the two issues as they manifest in many African nations. I am not aware of any that systematically evaluates each individual African nations performance for comparisons with other African nations performances.

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