The Role of the Judiciary in Building a Foundation of Constitutionalism in Africa: A Comparative Analysis of Nigeria and Uganda
Abstract:African has passed through several phases in its political and constitutional evolution. The natural evolution of African States did not proceed in its course as a result of colonialism which brought together many disparate communities under one colonial state and administered them as one. On attainment of political independence it seemed no surprise that conflicts of interest and different interpretation of issues based on the Constitutions and laws of the new States arose. The judicial arms of Government in many African States, especially the Supreme Courts, rose up to the challenge but failed in some others where the laws and the Constitutions were interpreted to suit the fancy of the government. In this article, the authors examine the role the judiciaries of Nigeria and Ugandan played on several occasions towards the attainment of culture of constitutionalism where the powers of the government are limited and organized in line with the rule of law. They identify some specific issues on which the Supreme Courts of both countries have intervened with varying degrees of success and propose the philosophies or principles that should guide the judiciary in Africa in steering their nations on the path of constitutionalism
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