Dr Kwaku Agyeman-Budu, Dean of the Law School at the Ghana Institute of Management and Public Administration (GIMPA), has urged African lawyers to move beyond courtroom advocacy and pursue structural reforms that strengthen institutions, promote accountability, and close the gap between legal frameworks and their practical application.
Delivering a keynote address at a symposium organised by the African Law Association at New York University (NYU) on 6 March 2026, Dr Agyeman-Budu stressed that the pursuit of social change and good governance on the continent requires a deeper engagement with the institutional realities shaping governance and justice systems.
The event, held under the theme “Africa in Focus: Lawyering for Social Change and Good Governance,” brought together legal scholars, students, and practitioners to examine the evolving role of law in Africa’s democratic and governance landscape.
Dr. Agyeman-Budu said discussions about law and governance in Africa must focus on how legal systems affect citizens’ everyday lives.
“When we speak of lawyering for social change and good governance in Africa, we are not engaging in abstraction. We are speaking about power. We are speaking about accountability. Most importantly, we are speaking about the daily lived realities of over a billion people navigating law as both shield and sword,” he stated.
The GIMPA Law School Dean noted that the timing of the symposium was symbolic, as it coincided with Ghana’s Independence Day.
“Coincidentally, today marks exactly sixty-nine (69) years since the Gold Coast, a former British colony located on the West Coast of Africa, gained Independence and became Ghana – thereby setting the pace for the independence movement that was to follow across the continent,” he told the gathering.
He explained that the quest for independence across Africa was fundamentally driven by the desire for social transformation and self-governance, making contemporary conversations about law and governance deeply connected to the continent’s historical struggles.
Despite constitutional safeguards in many African states, Dr Agyeman-Budu argued that a persistent gap persists between legal frameworks and real-life outcomes.
“Africa does not suffer from a deficit of law,” he observed, pointing out that many countries have elaborate constitutional systems and oversight institutions.
“Ghana alone, like many of our sister states, has a robust constitutional architecture… Yet the question remains: why does the distance between law-on-the-books and law-in-action persist?” he asked.
Drawing on his professional experience in the criminal justice system, he highlighted structural weaknesses that continue to undermine the delivery of justice in many African countries.
“The criminal process in many African jurisdictions is formally rights-based,” he noted, citing constitutional guarantees such as the presumption of innocence and protection from arbitrary detention.
However, he cautioned that the reality on the ground often tells a different story.
“Overcrowded prisons, pre-trial detention backlogs, prosecutorial resource constraints, and uneven legal aid provision tell a whole different story. The challenge is not merely doctrinal; it is institutional and structural,” he said.
According to him, meaningful reform requires addressing the historical roots of Africa’s legal systems, many of which were shaped during colonial rule.
“Much of our criminal law, the law of evidence, and even public order regulation emerged from colonial governance models designed to control populations rather than empower citizens,” he explained, adding that legal reform must therefore involve “structural recalibration” rather than superficial changes.
Dr Agyeman-Budu further emphasised the importance of strong constitutional culture and institutional integrity in ensuring good governance.
“Courts can pronounce boldly, but compliance depends on executive discipline and civic vigilance,” he said, adding that litigation alone cannot transform governance systems.
He stressed that legal reform must be complemented by broader democratic engagement.
“It must be complemented by civic education, investigative journalism, digital transparency tools, and ethical public service,” he noted.
The law scholar also warned that rapid technological transformation across African states presents new governance challenges that require legal oversight.
“From biometric voter systems to digital financial platforms and AI-assisted policing tools, African states are digitising rapidly,” he said.
While acknowledging the opportunities presented by technology, he cautioned that poorly regulated digital systems could undermine democratic governance.
“If digital systems replicate bias, expand surveillance without safeguards, or concentrate data power without oversight, then the promise of good governance becomes hollow,” he warned, adding that lawyers must engage “not only statutes, but algorithms.”
Turning to the future of legal practice on the continent, Dr. Agyeman-Budu called on young lawyers and scholars to pursue disciplined institutional engagement rather than symbolic activism.
“It means moving beyond performative activism into disciplined institutional engagement,” he said, urging lawyers to contribute to governance reform through legislative drafting, strategic litigation, regulatory oversight, and public service.
He also advised legal professionals to avoid two extremes in the pursuit of reform.
“We must resist two extremes. On one hand, cynicism: the belief that reform is futile. On the other hand, romanticism: the assumption that constitutional text alone will transform society,” he cautioned.
Dr Agyeman-Budu concluded by emphasising that strong institutions remain central to sustainable governance across Africa.
“Where institutions are insulated from partisan capture, social change becomes sustainable. Where they are weakened, rights become fragile,” he stated.
According to him, the role of lawyers in Africa must ultimately be grounded in strengthening democratic institutions while adapting universal principles of justice to the continent’s realities.
“Lawyering for social change in Africa is not about importing models wholesale from elsewhere. It is about contextualising universal principles; dignity, equality, and accountability within African realities,” he said.
He added that when properly deployed, the law remains one of the most powerful instruments for promoting good governance and social transformation across the continent.
Source: asaaseradio.com
