A Critical Examination of the role of African Court on Human and Peoples’ Rights in Development of Law

The African Court was established to protect and promote human rights of Africans in Africa. Despite the fact that the African Court had heard and made decisions on rights that are instrumental to the development of any nation, such as the right to education in SERAP v Federal Republic of Nigeria, the resistance from the government of member states in terms of enforcement is a cause for concern. This paper examines the mandate of the African Court and tracks its progress since inception on the nature of decisions issued by the Court. It further investigates the level of compliance to the decisions of the Court vis-a- vis the resistance displayed towards the decisions of the Court as well as the extent to which the decisions of the Court have been able to influence policy change in Member States. The paper probes the role of the African Court in realizing the Aspirations of Agenda 2063 and makes recommendations on how to ensure enforceability of the judgements of the African Court.