The Relevance of African Culture in Building Modern Institutions and the Quest for Legal Pluralism

In light of the continued debate on the relevance and compatibility of traditional institutions to the modern state institutions in Africa, this Article attempts to highlight the significance of traditional institutions to improving governance in Africa and to prospects for improving the democratic features of traditional institutions to meet the demands of modern institutional development. The Article in particular argues that dismissing the relevance of traditional institutions by claiming they are incompatible to modern institutional values is not only inaccurate, but it also may further alienate the role of traditional institutions in Africa. The Article addresses divergent issues that help put the issue in perspective. The Article consists of three parts. Part I of the Article discuses the debate on the universalist versus relativist approach in relation to democratic and human rights principles and the impact of the ongoing debate on the nature of governance needed in Africa. Part II of the Article continues to highlight the features of African traditional institutions that have wider relevance to the principles of modern democracy. The last Part of the Article argues for the emergence of a system of legal pluralism whereby the formal and informal institutions flourish side-by-side until the informal systems are gradually integrated into the formal institutional system.