ABSTRACT

In this introductory chapter of a book that focuses on the confluence of colonial legacy and the rule of law in the African context, the author argues that the literature has not sufficiently emphasized the impact of the rule of law on ordinary African citizens. Rather, the literature over-concentrates on top political figures (especially presidents and legislators) and their actions regarding the rule of law. Acknowledging that while such concentration is justified, the book contends that ignoring the impact of the rule of law on ordinary citizens does those citizens a disservice. In addition, the book notes that the literature tends to treat the entire continent as one contiguous entity on the issue of the rule of law.

Seeking to fill that gap, the book focuses on other driving forces undergirding the rule of law and highlights five major African nations, namely Ghana, Kenya, Nigeria, South Africa, and Zimbabwe, individually, to fully understand how colonial legacy continues to influence the rule of law in each of these five nations. In addition to explaining the book’s aim, this introductory chapter presents the framework – postcolonial theory – utilized for the book’s central premise, as well as brief narratives of the theory’s leading figures such as Edward Said, Gayatri Chakravorty Spivak, Homi K. Bhablia, and Frantz Fannon. The chapter concludes with a summary of the remaining chapters and their content.