Politics and Law in Africa

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POS 407:       Politics and Law in Africa                                             3 units
COURSE DESCRIPTION
The course is a comparative examination of the inter-relationships between law and politics in different African countries by studying the political significance of the judicial process during colonial and independence periods. It deals with the concept of law, what it is, how law arises and how it becomes institutionalized. Also it understudied the judicial process, specifically the systems of criminal justice, which translates the abstract concerns of law into concrete institutions and policy.

TOPICS
1.      (a) The meaning and linkage of Law and Politics.
-         Definition of Law and Politics
-         An operational definition for Law in the context of POS 407
-         The nature of Law
             
2.      Was there Law in pre-colonial Africa?
-         Characteristics of African Traditional Law
-         Politics of received foreign laws
-         The repugnancy doctrine
3.      The Nature of Legal System in contemporary Africa.
4.      The impact of the doctrines of Common Law and the Principles of Equity on Law in Africa

5.      Independence of the Judiciary and Politics
-         The concept of  Judicial Independence
-         Factors eroding Judicial Independence in Africa
6.      Types and jurisdiction of Courts in Africa – Nigeria as case study.

Recommended Texts
1.      Elegido, J (2004) Jurisprudence, Ibadan: Spectrum Books
2.      Newbury, I.W (1979) British policy towards West Africa, London: Vintage Press
3.      ‘Lanre Olu-Adeyemi (2008) Politics and Law in Africa, Akure: Pearslandberry
4.      Anyeke, A.P (1990) Customary Law_ The War without Arms, Enugu: New Dimension
5.      Adewoye, O. (1987) The Judicial System in Southern Nigeria, London: Vintage Press
6.      Nwabueze, B.O (1987) Judicialism, Ibadan: Macmillan
7.      Asein, J (2002) Introduction to Nigerian Legal System, Ibadan: Sam Bokkman



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