ABSTRACT

Surveys and comparative analyses of the some countries provide ideas of dos and don'ts in each country. With necessary modifications, some of these ideas are transferrable to other postcolonies. Nigeria, the primary case study nation, like each of the other postcolonies, can gain several ideas from the other countries on how to reconstruct its postcolonial law and justice system. One, the Afghan, Iraqi, and Saudi Arabian constitutions declare their respective countries Islamic States. Consequently, all laws are subject to Islam, which is the grundnorm. These constitutional provisions may work for the three countries due to their respective overwhelming Islamic populations. Kenya offers an example of attempts to reconcile a postcolony's traditions, customs, and native laws with its modern constitutional State status and the attendant fundamental rights. The Kenyan constitution requires all the country's courts applying customary law to comply with the constitutional provisions for the "protection of fundamental rights and freedoms of the individual".