March 5, 2022 

The Rule of Law is a principle that all people and organizations within a country, state, or community are held accountable to the same set of laws[1].  No man or organization is above the law and that all are equal before the law.  It is applied equally and fairly to both the government and citizens. This means that all people, regardless of their status, race, culture, religion, or any other attribute, should be ruled equally by just laws[2].

The essence of the rule of law, originally attributed to Aristotle, is a “government by laws and not by men.” [3]  The rule of law is to enact laws and setup institutions that will ensure the status quo of justice prevails regardless of who is in power at any given time.  

Many countries around the world have accepted the rule of law as a fundamental value to be adhered to. However, because of differing interpretations and power inequalities, it is rarely applied fairly in practice. 

The WJP (World Justice Project) is an international civil society The WJP (World Justice Project) is an international civil society organization that publishes the WJP Rule of Law Index every year.  The WJP Rule of Law Index tracks and ranks countries based on how well they uphold rule of law.  The WJP use 4 universal principles to define and judge how well the rule of law is implemented.  The 4 principles are:

1.    Accountability: The government as well as private actors are accountable under the law.

2.    Just Law: The law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as property, contract, and procedural rights.

3.    Open Government: The processes by which the law is adopted, administered, adjudicated, and enforced are accessible, fair, and efficient.

4.    Accessible and Impartial Justice: Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve[4].  

Over the last four years, the number of nations that have declined in the WJP Rule of Law index has exceeded those that have improved. The global trend on a downward trajectory. 

In Africa as a whole, the rule of law has proven difficult to apply. This is mostly due to the fact that African countries are young and lack long-standing, well-established institutions, as well as insecurity and poverty.  At the root of insecurity and poverty is often a deficit of the rule of law: when the state does not have the capacity or the will to protect people or their property or their human rights, when the institutions are not strong enough to resolve social and political conflicts[5].  Informal interference can occur through the biased appointments of judges, verbal and physical threats, violent attacks, the payment of bribes, or the ouster of sitting judges. Informal networks—held together by ties based on shared educational trajectories, common leisure activities, religion, kinship relations, or political affiliations—are the channels through which such pressure can be transmitted[6]. 

Despite all these challenges Africa is trending upwards when it come to the rule of law.  Levels of respect for the rule of law vary across sub-Saharan Africa: some countries have done more than others to attain this noble goal. But all in all, the move towards respect for the rule of law is gaining root throughout most of sub-Saharan Africa[7].