4366 New ISS Monograph 161.indd

The document examines the systemic failure of criminal justice systems in Africa to meet international and constitutional standards. It identifies a persistent gap between theory and practice, driven by authoritarianism, poverty, and the continued use of inherited colonial legal frameworks. The author argues that formal systems often favor political and economic elites, leading to a demand for alternative and restorative justice mechanisms. Using examples from Nigeria and Uganda, the text highlights the challenges of managing dual legal systems (customary, religious, and formal) and advocates for a 'bottom-up' approach to reform that meshes customary practices with formal law to enhance human security and social justice.

• There is a significant tension between the normative criminal justice standards endorsed by African governments (via the UN, AU, and national constitutions) and the actual practice, which is hindered by authoritarianism, ineffective procedures, and unaccountable law enforcement.
• Access to criminal justice is characterized by inequities that favor wealthy individuals, those with political connections, or specific ethnic groups currently in power.
• A primary cause of systemic failure is the lack of innovation in adapting inherited colonial and Roman Dutch legal systems to suit the contemporary socio-economic conditions and customs of post-colonial African states.
• The coexistence of multiple, sometimes incompatible, legal systems within a single country—such as the application of Islamic law in northern Nigeria versus the formal international system in the south—creates coordination challenges and inconsistent quality of justice.
• Restorative justice and alternative dispute resolution (ADR) are viewed as essential supplements to formal systems, with Uganda demonstrating innovation through 'court-based ADR' and mandatory mediation in commercial courts.
• The persistence of retributive rather than restorative justice has allowed African leaders to use the criminal justice system as a tool for maintaining power and settling political scores.

APA

Chikwanha, A. B. (n.d.). 4366 New ISS Monograph 161.indd. Institute for Security Studies. https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF

Chicago

Chikwanha, Annie Barbara. 4366 New ISS Monograph 161.indd. Institute for Security Studies, n.d. https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF.

Wikipedia

{{cite report |last1=Chikwanha |first1=Annie Barbara |title=4366 New ISS Monograph 161.indd |publisher=Institute for Security Studies |url=https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chikwanhand4366, author = {Chikwanha, Annie Barbara}, title = {{4366 New ISS Monograph 161.indd}}, institution = {Institute for Security Studies}, url = {https://issafrica.s3.amazonaws.com/site/uploads/M161C6.PDF}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }