Owusu on Africa: Why African judicial systems are critical to socioeconomic transformation – recent Nigeria and Tunisia examples

By Fidel Amakye Owusu

It is widely known that many African presidents wield more power within their countries than a US president does in the United States.

This indicates that the executive branch is disproportionately dominant in African nations. Often, the legislatures in these countries act merely as rubber stamps, as ruling governments typically have clear majorities in national assemblies.

In many African constitutions, particularly in Francophone countries, executive presidents are granted the power to dissolve parliaments. As a result, there are fewer effective checks on executive power.

Why does this matter?

With such extensive powers, the judiciary – the third branch of government, tasked with being the final arbiter of laws – is expected to provide some checks on executive excesses. Unfortunately, this has not always been the case.

Despite significant challenges faced by the judiciary across Africa, recent events in Nigeria and Tunisia offer some hope.

In Nigeria, a former central bank governor, who had been arrested and detained on allegations of malfeasance and corruption during his tenure, was granted bail by the courts. Even though subsequent charges were pursued by the powerful federal government, the judge upheld the rule of law. This was an impressive demonstration of judicial independence.

While the former governor’s release does not imply his innocence, it signifies a victory for due process.

In Tunisia, two opponents of the president, detained since February 2023, were released by a judge who ruled their detention unlawful. Given the recent heavy-handedness of Tunisia’s leader, this was a bold judicial decision.

Looking Ahead

With numerous investment opportunities and burgeoning economic activities in Africa, many investors, both domestic and international, have shown interest. However, they remain concerned about the security of their investments and seek judicial systems that will protect their interests fairly.

The judicial decisions in Nigeria and Tunisia, along with signs of increasing judicial independence across the continent in recent years, are likely to attract more investment to Africa. Investors need assurance that their investments will not be subjected to the political whims of overly powerful politicians.

Although the executive branch continues to appoint judges and other critical personnel to the judiciary, any country aspiring for economic development and transformation must ensure that its courts can interpret laws without interference.

Fidel Amakye Owusu is an International Relations and Security Analyst. He is an Associate at the Conflict Research Consortium for Africa and has previously hosted an International Affairs program with the Ghana Broadcasting Corporation (GBC). He is passionate about Diplomacy and realizing Africa’s global potential and how the continent should be viewed as part of the global collective.