Re-Appraisal of Legal Systems in Sub-Saharan Africa: Questioning the Legal Pluralism Paradigm

Abstract The notion that multiple legal systems autonomously coexist in independent states in sub-Saharan Africa due to the interaction of the continent with foreign legal systems is theoretically flawed, misleading and an incorrect application of the concept of legal pluralism. This article examines the nature of legal pluralism in the context of transitioning independent nation-states. It contends that these nation-states, especially in sub-Saharan Africa, do not operate legally pluralistic legal systems, as often presented in scholastic works. Using system and lifecycle theories, this article argues against the prevailing conceptualization of legal pluralism in African legal systems. We argue that the prevailing conceptualization of pluralistic legal systems in sub-Saharan Africa is based on the fallacy of the undistributed middle, leading to flawed conclusions and disastrous governance outcomes. This widespread orthodoxy in legal and sociopolitical scholarship heightens perceived conflicts between imperial universalism and cultural existentialism, which has been the epicenter of legal discussion in Africa’s transitioning nations.