The judiciary and political change in Africa: developing transitional jurisprudence in Nigeria

Hakeem Yusuf

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Abstract

At a time of increased evaluations of law, human rights, and the rise of judicial power all over the globe, the work of most African judiciaries and the principles of the jurisprudence they espouse in promoting social justice remain an unlikely focus of comparative legal scholarship. This ought not to be so in view of the considerable activities of the courts on the continent in the dawn of the third wave of democratization. This article explores the work of the Nigerian Supreme Court in the political transition to democracy since 1999. Utilizing insights from the work of Ruti Teitel, it attempts to outline some of the major constitutional and extraconstitutional principles adopted by the Court in mediating intergovernmental contestations in the turbulent transition away from almost three decades of authoritarian military rule. It emerges that the task of fostering social transformation through the “weakest” branch seriously tasks the institutional integrity of the judiciary.
Original languageEnglish
Pages (from-to)654-682
Number of pages29
JournalInternational Journal of Constitutional Law
Volume7
Issue number4
Early online date8 Oct 2009
DOIs
Publication statusPublished - Oct 2009

Keywords

  • human rights
  • transitional jurisprudence
  • Africa
  • Nigeria
  • jurisprudence
  • judiciary
  • political change

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