The Rule of Law in Africa: A Practical Philosophy for Justice

The rule of Law by definition is the legal principle that should govern a nation, as opposed to being govern by arbitrary power. In the Dark Continent (Africa), the rule of law is slowly but surely growing in our developing nations, and there is much more to be done in order to ensure that it remains absolute, and stays the main guidance for a sustainable development.

In African tradition, we have always relied on the authority of the chief to dictate the law that shall govern the community. This symbolic representation of authority has however an inconvenience. It is grounded in arbitrary power, which means that power is vested in one single individual. The issue with arbitrary power is that the ruler is not subjected to the law. If the ruler is not subjected to the rule of law, how could justice prevailed? What if the African people decided to be governed by the rule of law instead of being ruled individual that detains all the power?

The Republic of Ghana is the most politically structured nation in Subsaharian Africa. The reason and only reason that the Republic of Ghana has been able to reach this level is simply because the Ghanaian people deeply believe in the concept and philosophy of the rule of law. The rule of law is the epicenter and cornerstone of the Ghanaian society. The peaceful transition of power, the right and duty to education, and civic duties lead to a sustainable development in Ghana. The Republic of Ghana is a living proof that the rule of law is not only applicable in the Western world but also in Africa. The rule of law governing the Republic of Ghana demonstrates that it is valuable, reliable and permissible in Africa.

The African Court of Justice and Human Rights simply called as the African Court is the main institution of the African judiciary. Stationed in Arusha, Tanzania, the African Court has illustrated several cases and opinions that brought justice to the people who were victims of civil wars or domestic terrorism.  Composed of several highly educated judges, these judges write their judicial opinion independently. It demonstrates that the Court is impartiality and it is not subjected to any political affiliation. It also exhibits as well that the law is applied equally. The main point of implementing the African Court in this article is to show that the rule of law effectively works in Africa. It is important to comprehend that under the rule of law, government officials and lawmakers are not above the law.

The principal concept and philosophy of the rule of law is that every citizen is equal under law regardless of their origins. It is the duty of our institution to keep educating our people. If the Republic of Ghana was able to embrace a constitutional personality, I am confident that the rest of the fast growing African nations will eventually prosper if our leaders and institutions lead us and make us believe in the law. Without the law, without the rule of law, we are simply beasts.

Author: Germinal Van

I am an Ivorian residing in Washington, D.C.  I completed my Bachelor’s Degree in Political Science at the Catholic University of America in 2014. I subsequently pursued a Master’s Degree in Politics at the George Washington University and I obtained my degree in 2017.