Justice in the Traditional African Society within the Modern Constitutional Set-up

Abstract

This paper discusses justice as an inherent aspect of life in traditional African societies. It further examines the degree to which constitutions of African countries recognise and promote the traditions and customary practices. It is noted that of late, in the desire to contextualise justice, human rights has to a large extent become the yardstick. This universal idea often creates conflicts with African customary practices which indeed represent the expectations of individuals or groups within such customary traditions. It is therefore possible in the modern context to have customary practices that are at variance with the contents of human rights. The paper cautions that any effort therefore to transform customary practices to fall in line with the universal human rights imbued idea of justice could result in a situation where traditional societies are forced to conform to standards of justice that become impositions.