Double Standards in Justice: Communicating Fairness to Win Investor Confidence in Africa
By: Musa Sanusi Ahmad
“Justice must not only be done, but must also be seen to be done.” These words echo louder in Africa
today, as the continent finds itself grappling with the dual challenge of building investor confidence
while confronting the persistent perception, and reality, of double standards in justice.
In the last two decades, Africa has made significant progress in becoming an attractive destination for
global investment. From fintech in Nigeria to renewable energy in Kenya and minerals in the Democratic
Republic of Congo, the continent is bursting with opportunity. Yet, a nagging issue continues to cloud
investor sentiment: the perception that justice is selective, political interference is rampant, and legal
protections for businesses vary depending on who holds the power.
The Double Standard Dilemma
Across many African jurisdictions, the justice system is seen as skewed, often favoring the politically
connected while foreign or minority investors find themselves vulnerable to abrupt policy reversals,
opaque legal proceedings, and bureaucratic stonewalling.
Consider the examples:
In some countries, multinational corporations have faced asset seizures or retrospective tax bills
without due process.
Local entrepreneurs with less political clout often face insurmountable legal delays when
contesting unjust regulatory actions.
In corruption probes, foreign investors are sometimes made scapegoats, while local facilitators
escape scrutiny.
This inconsistency breeds caution. For institutional investors and global corporations, rule of law and fair
arbitration are as critical as market potential. Without predictable legal recourse, financial risk increases,
and so do insurance premiums and exit plans.
The Role of Communication in Restoring Trust
This is where strategic communication comes in. It’s no longer enough for governments and business
regulators to claim reform. They must communicate it effectively, credibly, and consistently.
Here’s how PR and communications professionals can bridge the trust gap:
1. Transparency Campaigns Rooted in Evidence
Regulatory bodies and justice departments should launch proactive campaigns showcasing data-backed
improvements: number of investor disputes resolved fairly, timeframes of legal recourse, and
independent rulings against government interests. Communication must be supported by real reform,
not just polished messaging.
2. Third-Party Validation
Credible third parties, international law firms, arbitration bodies, or NGOs—can validate justice system
improvements. Quotes, reports, and endorsements from these organizations can be leveraged in media
relations and investor briefings to shift the narrative from skepticism to cautious optimism.
3. Narrative Framing Around Fairness, Not Just Growth
Africa’s communications about investment have often leaned too heavily on GDP stats and untapped
markets. Today’s investors want assurance of ethical conduct, ESG compliance, and fair business
treatment. Reframing the narrative to emphasize judicial reform, investor protection, and anti-
corruption milestones is critical.
4. Real-Time Crisis Communication
When disputes arise, silence is the enemy. Governments and investment promotion agencies must
respond promptly, providing timelines for resolution and clear legal pathways. A proactive, respectful
stance signals institutional maturity, even amidst tension.
The Strategic Advantage of Fairness
For Africa to truly rise as a global investment powerhouse, it must not only be rich in resources, it must
be rich in rules that are consistently applied. In a world where capital is increasingly values-driven,
perceptions of fairness can move markets.
Justice and investment are deeply intertwined. And in the realm of international business, perception is
reality. PR and communications professionals are uniquely positioned to help African institutions
communicate fairness, not as a spin strategy, but as a pillar of sustainable development and investor
trust.
Because in the long game of economic reputation, integrity always outperforms impulse.
