Abstract This article examines how case law from the European Court of Human Rights and the Court of Justice of the European Union influences judicial decision-making in Kenya, Ghana, and Nigeria. Although no direct jurisdictional or institutional links exist, domestic courts in these African jurisdictions refer to European jurisprudence in their rulings. The study, based on decisions from appellate and supreme courts between 2010 and 2023, distinguishes between situations where European case law is conclusive in resolving a dispute or legal issue and those where it serves as comparative material. It also identifies recurring motivations for these references, including the persuasive authority of European rulings, gaps in domestic law, the shared features of democratic legal systems, and the reconstruction of domestic legal concepts. It also briefly flags factors not explicit in the judgments’ reasoning that may facilitate such references. The findings reveal a broader trend of judicial dialogue and convergence in legal reasoning across continents. The article argues that European jurisprudence provides African courts with normative guidance and conceptual tools that support constitutional interpretation and legal development. By highlighting this transnational exchange, the study contributes to comparative law scholarship and demonstrates the importance of cross-continental judicial reference for the evolution of legal systems.
Dominik Światkowski (Wed,) studied this question.