By: Amelia Dodoo
I. INTRODUCTION
The interplay between corruption and the existing legal infrastructure in sub-Saharan Africa presents a grave challenge to governance and development. Generally speaking, weak or fragile legal systems not only enable systemic corruption but also perpetuate poverty while hindering economic stability.[1] Through a critical analysis of historical and contemporary frameworks, systemic corruption, and ongoing anti-corruption efforts, this paper seeks to illuminate the mechanisms by which inefficient legal infrastructures entrench corruption, stifle reform, and exacerbate inequality in sub-Saharan Africa. Understanding these dynamics is crucial for determining avenues for reformation that empower positive governance, promote justice, and foster economic growth.
II. BACKGROUND: UNDERSTANDING THE LEGAL INFRASTRUCTURE(S) IN SUB-SAHARAN AFRICA
The roots of corruption in sub-Saharan Africa are deeply entrenched in the colonial history of the respective countries.[2] The various colonial powers imposed legal systems designed to isolate control rather than promote integrity and justice within the country.[3] These systems persist, as many African countries seemingly struggle to reconcile inherited legal frameworks with their modern, post-independence governance structures.[4] The colonial histories of Kenya, in East Africa, and Nigeria, in West Africa, have left a significant imprint on their governance and the prevalence of corruption.[5]
For example, in Kenya, the British colonial administration implemented a system of rule that privileged selected ethnic groups and entrenched land alienation policies.[6] These measures disrupted traditional governance structures and fostered a sense of distrust and inequality that persists in modern political and legal systems.[7] Conversely, Nigeria’s colonial experience under British rule emphasized economic exploitation through a centralized authority, marginalizing local governance systems.[8] This centralization fostered elite dominance and a culture of impunity, laying the groundwork for systemic corruption.[9] In both countries, the post-independence legal frameworks are not fully rid of their colonial systems, thereby perpetuating weak governance and entrenched corruption via reliance on fragile institutions.[10]
Today, sub-Saharan Africa’s legal systems showcase a patchwork of common law, civil law, and customary law.[11] While this pluralism may be potentially enriching to legal processes, it often creates inconsistencies and gaps in enforcement.[12] The interplay between formal and informal systems only exacerbates corruption, as individuals exploit jurisdictional ambiguities to avoid accountability.[13]
The literature reveals that formal systems, which are based on codified laws and regulations, often lack the capacity or reach to enforce rules effectively across all areas of law.[14] Conversely, informal systems, rooted in customary practices and traditional authorities, operate with significant discretion and minimal oversight.[15] As a result, individuals exploit these overlapping systems to their advantage, leveraging any ambiguities to evade legal consequences.[16] This duality erodes public trust in both systems, fostering an environment where corruption can flourish without corresponding checks and balances.[17]
Weak enforcement mechanisms, judicial dependence on political actors, and inadequate resources plague sub-Saharan Africa’s legal institutions.[18] Altogether, these deficiencies create an environment where corruption can thrive, undermining governance and accountability.[19]
III. ANALYSIS: CORRUPTION’S ROOTS AND THE FAILURE OF LEGAL SYSTEMS
The prevalence of a weaker rule of law in sub-Saharan African countries fosters systemic corruption by undermining transparency and accountability.[20] This concept is referred to as the “two publics” which highlights the dual allegiances imposed by colonial governance; loyalties to the state and simultaneously to the various ethnic communities.[21] This theory emphasizes how individuals had to navigate these conflicting spheres of loyalty in an effort to survive.[22] Such a situation only further complicates efforts to build cohesive and accountable governance structures.[23] The duality of navigating frequently conflicting loyalties to the state and ethnic communities, allows corruption to become deeper entrenched in public institutions, eroding trust, and stalling reform.[24]
Corruption has a significant impact on the justice system. Specifically, judicial corruption remains a significant barrier to justice: with bribery, political meddling, and opaque processes undermining public trust.[25] Further, public procurement and financial management systems prove to be rife with embezzlement and nepotism.[26] These issues stem from a lack of robust accountability mechanisms within governance structures, which in turn compromise the opportunity to govern effectively.[27]
Efforts to combat corruption must prioritize judicial independence, transparency, and societal perceptions of progress.[28] The call for reforms emphasizes empowering legal institutions and civil society to hold public officials accountable, and to transition into more transparent and responsible governance system.[29] Initiatives such as digitizing court records, enhancing judicial training, and implementing whistleblower protections have shown promise in some countries.[30]
Across Africa, various initiatives have been established to combat corruption. For example, Nigeria’s Economic and Financial Crimes Commission (EFCC)[31] investigates and prosecutes financial crimes , while Kenya’s Anti-Corruption Initiative, organized by Kenya Private Sector Association (KEPSA) under the Multi-sectoral Forum, fosters collaboration between government organizations and private entities to promote transparency and accountability.[32] Similarly, other African countries have joined the fight against corruption with their own initiatives, including South Africa’s National Anti-Corruption Strategy[33] and Ghana’s Office of the Special Prosecutor (OSP), and have sought to address systemic corruption. [34] The transparency of economic policies and the criminalization of corruption has begun to yield positive results in some countries.[35] However, these efforts often falter due to inadequate funding, political interference, societal disbelief, and limited public engagement.[36] Addressing these barriers requires national efforts to institutionalize accountability and foster a culture of integrity.[37]
IV. CONCLUSION: POTENTIAL FOR REFORM
To combat corruption effectively, countries in sub-Saharan Africa must focus on comprehensive reforms that strengthen legal institutions, enforce accountability, and empower civil society.[38] To do so, weak legal systems must be acknowledged and shored up to undercut systemic corruption. Simultaneously, government should prioritize the development of trust among citizens and promote autonomy within society. Transparent governance is key to building trust and ensuring active citizens participation. [39] Hand in hand with fiscal support and international collaboration to strengthen legal institutions, enforcing the rule of law and the fostering civic engagement can empower people to lay the foundation for sustainable growth and development.[40]
Footnotes:
[1] See Sarah Dix et al., Risks of Corruption to State Legitimacy and Stability in Fragile Situations, U4 Anti-Corruption Resource Centre, May 2012, at 1-20.
[2] See Peter Ekeh, Colonialism and the Two Publics in Africa: A Theoretical Statement, 17 Compar. Stud. in Soc’y & Hist. 91 (1975).
[3] See id.
[4] See Augustine Nwabuzor, Corruption and Development: New Initiatives in Economic Openness and Strengthened Rule of Law, 59 J. of Bus. Ethics 121 (2005).
[5] See Opara, I., Nigerian Anti-Corruption Initiatives, 6 J. of Int’l Bus. and L. 65 (2007); see also News, Anti-corruption Initiative Launched, Ethics and Anti-Corruption Commission, Kenya, https://perma.cc/PX4K-QJHN.
[6] See Ethics and Anti-Corruption Commission, supra note 5.
[7] See John Mukum Mbaku, Corruption in Africa: Causes, Consequences, and Cleanups (Lexington Books, 2010).
[8] See id.
[9] See id.
[10] See id.
[11] See Fung, C., Legal pluralism and the Rule of Law in Sub-Saharan Africa, 3 Rule of L. J. 18 (2022).
[12] See id.
[13] See id.
[14] See id.
[15] See id.
[16] See id.
[17] See id.
[18] See Mbaku, supra note 7.
[19] See id.
[20] See Ekeh, supra note 2.
[21] See id.
[22] See id.
[23] See id.
[24] See id.
[25] See Nwabuzor, supra note 4.
[26] See id.
[27] See id.
[28] See Makau wa Mutua, Human Rights: A Political and Cultural Critique (University of Pennsylvania Press 2002), at 36.
[29] See id.
[30] See id.
[31] See Opara, supra note 5.
[32] See Ethics and Anti-Corruption Commission, supra note 5.
[33] See Republic of South Africa: National Anti-Corruption Strategy 2020-2030 (2020), https://perma.cc/KN9T-WAGG.
[34] See Office of the Special Prosecutor, About Us, https://osp.gov.gh/ (last visited Mar. 25, 2025).
[35] See Opara, supra note 5, at 81.
[36] See Opara, supra note 5, at 81-82.
[37] See id.
[38] See Mbaku, supra note 7.
[39] See Mutua, supra note 28.
[40] See Nwabuzor, supra note 4.
About the Author:
Amelia Dodoo is a first-year J.D. candidate at Penn State Law. Born in Nashville, TN and raised in Accra, Ghana, she earned her Bachelor of Science in Psychology and Bachelor of Arts in African Studies with Honors from the Pennsylvania State University. During her undergraduate studies, she held multiple leadership roles, including Vice President of the Multicultural Undergraduate Law Association and Chief of Staff for the African Students Association. Before attending law school, she worked as a legal intern at the Office of the Special Prosecutor in Ghana, where she led the “Youth Against Corruption” initiative, organizing nationwide outreach programs to educate young people on anti-corruption efforts. Additionally, as the sole recipient of the 2023 Rhea S. Schwartz Fellowship, she conducted independent research analyzing youth perceptions of corruption in Ghana, training moderators and conducting focus group discussions across the country. At Penn State Law, Amelia strives to use her legal education to promote transparency, strengthen anti-corruption efforts, and advocate for accountability in both public and private institutions.
Suggested Citation: Amelia Dodoo, Corruption’s Grasp on Sub-Saharan Africa and the Development of Legal Infrastructure: Examples from Kenya and Nigeria, Penn St. L. Rev.: F. Blog (Apr. 1, 2025), https://www.pennstatelawreview.org/the-forum/corruptions-grasp-on-sub-saharan-africa-and-the-development-of-legal-infrastructure-examples-from-kenya-and-nigeria/