Constitutionalism and Democratic Governance in Africa: - PULP

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2 Military rule in Nigeria: Heritage of stigmatised features 339 2.1 Tainted separation of powers 339 2.2 Eroded devolution of powers 341 2.3 Poor human rights record 342 3 Constitutional culture post-1999: From stigmas to what? 345 3.1 Separation of powers 346 3.2 Devolution of power 350 3.3 Human rights compliance 351 4 The future of constitutional government 353 BIBLIOGRAPHY 355 viii
FOREWORD AND DEDICATION Adieu, Steve: Tribute to a scholar of African constitutionalism This volume of essays on constitutionalism in Africa is devoted to the memory of Steve Odero Ouma, who spent most of his professional life working on these issues. He was a colleague and friend to many of the contributors to this volume, and no doubt to many of its actual and potential readers. Steve passed away on 23 February 2012. Steve’s professional life Steve Odero Ouma was born in Kenya and lived most of his life there. Steve completed a Bachelor of Laws degree at the University of Nairobi in Kenya, before enrolling for the LLM (Human Rights and Democratisation in Africa), presented at the Centre for Human Rights at the University of Pretoria, in 2005. His Master’s dissertation titled ‘Federalism as a peacemaking device in Sudan’s Interim National Constitution’. Steve graduated from the programme in December 2005. As part of that year’s programme, students undertook a field trip to Sierra Leone. I was fortunate enough to accompany this group. On this trip, I got to know Steve as someone who could be playful and mischievous but he was also extremely serious about issues affecting our continent, and was an inquisitive, determined and dedicated student. In 2011, the Centre for Human Rights invited Steve back to Pretoria, to teach part of the ‘democratisation’ element of the LLM programme. The very favourable student assessment (a score of 98% from the class) is evidence of his knowledge of the field and his outstanding qualities as a teacher. After completing his LLM at the Centre, Steve was awarded a bursary to undertake doctoral studies (in Political Theory) at the Luiss University of Rome, in Italy. By focusing on the challenges to constitution-making in Africa in his thesis (‘Constitutional mechanisms for the management and settlement of identity conflict: The cases of Sudan, Kenya and Somalia’, see website http://eprints.luiss.it/997/1/20110621-odero-ouma-tesi.pdf), Steve was one of the alumni who took the ‘democratisation’ part of the LLM programme to heart. Having completed his studies, Steve obtained his LLD in 2011. Steve also worked on several projects as a researcher, and taught at the School of Law, Jomo Kenyatta University in Nairobi, Kenya; the Africa Nazarene University, Kenya; and the University of Pretoria, South Africa. At the Institute for Diplomacy and International Studies, University of Nairobi, Dr Odero served as a PhD research associate where he worked on the prospects of autonomy as an antidote for clanism in Somalia. At the Amnesty International United Nations Office in New York, he conducted research on the responsibility of United Nations peacekeepers for allegations of violence and sexual exploitation of women and children. His research interests included criminal law, post-colonial political philosophy, international law and relations, conflict resolution, good governance and democratisation in Africa, constitutional law and anthropology. Steve was admitted as an advocate in Kenya in 2007. ix
Page 1 and 2: Constitutionalism and Democratic Go
Page 3 and 4: TABLE OF CONTENTS FOREWORD AND DEDI
Page 5 and 6: 5 6 7 4.1 The eagerness to write ye
Page 7: 11 12 13 3 Main features of the 199
Page 11 and 12: His analysis in the article deals i
Page 13 and 14: In loving memory of our beloved dep
Page 15 and 16: human rights law. He is also an ass
Page 17 and 18: Constitutional Law, Human Rights, G
Page 19: PART I: GENERAL THEORETICAL PERSPEC
Page 22 and 23: 4 Chapter 1 political activities of
Page 24 and 25: 6 Chapter 1 other arms. Disquiet wi
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Page 28 and 29: 10 Chapter 1 case of Botswana’, t
Page 30 and 31: 12 Chapter 1 constitutional culture
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Tanzania’s experience with consti
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CHAPTER 3 FROM THE ‘TPLF CONSTITU
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Ethiopia: Constitutionalism and pro
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90 Chapter 4 There is consensus on
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92 Chapter 4 The final determinatio
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94 Chapter 4 seriously, and quickly
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96 Chapter 4 United Nations General
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98 Chapter 4 territory in return fo
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100 Chapter 4 The UN Commissioner o
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102 Chapter 4 provisions’. 75 The
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104 Chapter 4 According to Selassie
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106 Chapter 4 argued that the immed
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108 Chapter 4 roadmap is understood
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110 Chapter 4 be amended and where,
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112 Chapter 4 According to the Erit
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114 Chapter 4 5 Conclusion The UN w
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116 Chapter 5 makes the state a dom
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118 Chapter 5 Except as may be othe
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120 Chapter 5 The extent of article
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122 Chapter 5 law consistent with t
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124 Chapter 5 the idea of constitut
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126 Chapter 5 3 The 1992 Constituti
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128 Chapter 5 This provision came u
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130 Chapter 5 December Case) 32 and
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132 Chapter 5 local government bodi
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134 Chapter 5 5 Conclusion The sear
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136 Chapter 6 altered, 3 three sect
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138 Chapter 6 The 1960 Constitution
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140 Chapter 6 though from different
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142 Chapter 6 the downfall of the f
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144 Chapter 6 February 1976. 47 The
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146 Chapter 6 While the Preamble of
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148 Chapter 6 are within the exclus
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150 Chapter 6 grounds for an aggrie
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152 Chapter 6 The 1979 Constitution
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154 Chapter 6 announcement of the e
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156 Chapter 6 The sixth Preamble of
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158 Chapter 6 interest to note that
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160 Chapter 6 AND WHEREAS the milit
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162 Chapter 6 independence of both
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164 Chapter 7 annexing their territ
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166 Chapter 7 The British administe
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168 Chapter 7 two Cameroons and com
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170 Chapter 7 of political activism
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172 Chapter 7 3 An analysis of cons
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174 Chapter 7 (h) Law of Public Pro
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176 Chapter 7 issue before a court
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178 Chapter 7 30 December 1961, ele
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180 Chapter 7 legislature because t
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182 Chapter 7 3.3 The 1996 Constitu
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184 Chapter 7 President of the Repu
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186 Chapter 7 3.3.4 Bill of Rights
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188 Chapter 7 criticisms have led t
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CHAPTER 8 PRE-INDEPENDENCE CONSTITU
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Pre-independence constitutions: The
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220 Chapter 9 which the Independenc
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222 Chapter 9 2.1 Making a ‘perfe
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224 Chapter 9 constitution that is
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226 Chapter 9 shaped by the content
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228 Chapter 9 views of a broad cros
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230 Chapter 9 Constitutional Confer
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232 Chapter 9 Constitution. 69 As e
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234 Chapter 9 stitutionalism in Mal
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236 Chapter 9 Conference was ‘uni
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238 Chapter 9 a new constitution. T
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240 Chapter 9 There is no doubt tha
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242 Chapter 9 At the same time, it
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CHAPTER 101990 CONSTITUTION OF BENI
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Twenty years of practice and the di
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CHAPTER 1 Christopher FROM MILITARY
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From military rule and no party sta
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CHAPTER 12 CONSTITUTIONAL GOVERNANC
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Constitutional governance, democrat
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338 Chapter 13 for his vice preside
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340 Chapter 13 that the organisatio
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342 Chapter 13 The attempts made by
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344 Chapter 13 the Public Officers
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346 Chapter 13 of people, which cha
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348 Chapter 13 We should cease maki
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350 Chapter 13 democracy is the pri
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352 Chapter 13 than 1 200 criminals
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354 Chapter 13 the political will t
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356 Bibliography Buchanan, A (2003)
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358 Bibliography Ngoh, VJ (1990) Co
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360 Bibliography Ahanhanzo-Glèlè,
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362 Bibliography Le Vine, VT ‘Pol
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364 Bibliography Abimbola, A ‘Pre
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366 Bibliography Fombad, C ‘The n
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368 Bibliography Lewis, P ‘From p
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370 Bibliography Salami, I ‘La mo
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372 Bibliography /www.venice.coe.in
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374 Bibliography dex.php/actualite/
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376 Bibliography Law no 2010/005 of
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