IJRSS Volume 4, Issue 4 ISSN: 2249-2496 _________________________________________________________ A Quarterly Double-Blind Peer Reviewed Refereed Open Access International e-Journal - Included in the International Serial Directories Indexed & Listed at: Ulrich's Periodicals Directory ©, U.S.A., Open J-Gage, India as well as in Cabell’s Directories of Publishing Opportunities, U.S.A. International Journal of Research in Social Sciences http://www.ijmra.us 1 November 2014 THE LEGAL POSITIVISTS FRAMEWORK FOR MISRULE IN AFRICA; CHALLENGES AND SOLUTIONS Moko, Finian Igbede * Odok, Joseph Abang Ushie, Abel Joseph ABSTRACT This paper, “The Legal Positivists‟ Framework For Misrule In Africa; Challenges And Solutions” is a critique of good governance in Africa vis-a-vis the legal positivists doctrine of absolute sovereignty upon which non-performing African leaders have frequently relied their justification. The particular question which led to this research was how to overcome this legal positivists‟ framework for misrule in Africa in order to ensure good governance and transparent leadership in Africa? To attempt this task the paper proceeded through several non-empirical and theoretical methods thereby reaching a conclusion that while the real challenge is that all past and present solutions have clearly failed because they have only tackle the problems of political misrule in Africa without bothering to tackle the corresponding philosophy(the legal positivists‟ doctrine of sovereignty)which provides the requisite framework for misrule in Africa. The solution according to this paper lies in adopting a civil society solution. The justification for adopting a civil society solution is that it addresses both the question of misrule in Africa as well as the philosophy(the legal positivists framework) behind the act. Thus, the work shall be significant because this is going to be the first time ever in the history of mankind where Africa is going to adopt a civil society solution to its political problems moreso its problem of misrule and good governance in the continent. Africa has never applied a civil society solution to its political problems let alone the problem of misrule; it has always depended on government. The work argues that the danger here is that, an African government, in the thinking of this research, is a „sluggish horse‟ who will do nothing on his own to promote transparency in government unless „mid-wived‟ or „flogged‟ by civil society pressures into seeking transparency and good governance while in a position of leadership in an Africa state. KEY WORDS: Legal Positivism In Africa, Good Governance, Challenges. * Philosophy Department, University of Calabar, Calabar-Nigeria