The effect of mob justice on the rule of law and democratisation in Africa: a case study of Ghana

Abstract

The emergence of globalisation has promoted human rights education, the media and scholarly works have drawn attention to the issue of the rule of law and mob justice activities constantly recurring in developing countries. The paper examines the effects of mob justice on the rule of law and democratisation in Africa using Ghana as a case study. The paper is of the view that mob justice has both negative and positive effects on the rule of law and democratisation in Ghana. This is because the legal and criminal justice systems in some societies are seen by citizens as illegitimate as they fail to punish suspected criminals appropriately; thus, negatively destroying democracy and the image of the State. Positively, mob justice serves as a wake-up call for the State to take its responsibility to protect the rights of its citizens seriously. The paper draws on international human rights law in the light of international legal instruments, such as the UDHR, ICCPR, and African Charter, as well as the 1992 Constitution of Ghana and employs mainly the Tylerian procedural justice perspective, as well as Liberal democratic theory. It uses theoretical, critically analytical and qualitative empirical evidence (based on semi-structured interviews from purposive sampling of 15 expert opinions and relevant organisations with a keen interest in the subject matter) for the analysis.