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This paper seeks to examine how arbitrary colonial boundaries help to create fertile ground for the challenge of constitutional legitimacy to fight against trans border criminality in some African countries and how porous borders and tribal or cultural solidarity contribute to trans border or transnational criminality. The paper explores the role played by successive state constitutions in framing laws and procedures to fight against cross border criminality and the challenges they face in trying to implement these constitutional dispensations. The paper further examines the difficulties faced by national jurisdictions to prosecute the perpetrators of these trans border crimes without a direct and unalloyed collaboration from the neighbouring countries. It makes a gloss on the rise of criminal organizations in one state that operate in another state with or without the complicity of the host state and the failure of the host state to act or sanction such trans border criminal organizations when those acts are not perpetrated within their territory especially when those acts do not impact negatively on their daily activities. The paper also examines those hurdles inherent in the nature of transnational criminality itself and in the processes and procedures to prosecute such offences such as the principle of dual criminality when the offence may not be an offence in one of the concerned states. The paper finally examines the cooperation mechanisms to be put in place for the effective implementation of criminal laws in adjoining countries and opens up a discussion on the human rights implications of enforcing constitutional and penal sanctions on people who do not believe they belong to that State and who believe they are victims of a colonial accident without which they will not be subject to the application of those specific laws.

Colonial boundaries and the question of the legitimacy of constitutional control over trans border criminality in Africa