Author(s): Aderonke E Adegbite and Olusegun Michael Eluyefa

Abstract: This article provides a critical theoretical review of African legal systems, focusing on the complex interplay between Indigenous customary law, colonial legal impositions, and post- colonial legal reforms. The analysis engages with the enduring legacy of colonialism and the methodological difficulties that arise when attempting to interpret African jurisprudence through frameworks that often prioritize Western legal rationalities. Central to this review is the challenge of legal pluralism and the epistemological tensions that emerge from the co-ex - istence of state-imposed legal systems and traditional legal norms. The dominance of West- ern jurisprudential models has often marginalized African epistemologies, rendering custom- ary law subordinate or even invisible within formal legal discourse. This article critiques such theoretical exclusions and underscores the importance of interdisciplinary, culturally grounded frameworks that can more adequately capture the nuances of African legal thought. It particularly foregrounds Ifa, a Yoruba Indigenous knowledge system, as a rich and underutilized theoretical foundation. Ifa offers a sophisticated cosmology, moral code, and dispute resolution framework that aligns with principles of justice, accountability, and communal balance, thus serving as both a jurisprudential resource and a counter-hegemonic theory. By situating African customary law within broader historical, cultural, and philo- sophical contexts, this study advocates for a re-theorization of African law-one that resists epistemic domination, embraces pluralism, and re-centers Indigenous knowledge systems like Ifa as legitimate and generative sources of legal theory. In doing so, it calls for a con- text-sensitive and decolonial approach to African legal scholarship that moves beyond mere integration into Western models and toward a genuine reconceptualization of jurisprudence from an African perspective.

DOI: 10.22271/civillaw.2025.v5.i1b.128

Pages: 121-127 | Views: 89 | Downloads: 45

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