THE ROLE OF LEGAL TRANSLATION IN THE ENFORCEMENT OF CROSS-BORDER COMMERCIAL CONTRACTS UNDER THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA): A NIGERIAN PERSPECTIVE

Abstract

The enforcement of cross-border commercial contracts under the African Continental Free Trade Area (AfCFTA) fundamentally depends on the clarity and fidelity of legal translation, yet this essential facet remains underexplored. Inaccurate translations can distort contractual terms, undermine enforceability, and elevate the risk of disputes, particularly within multilingual environments such as Nigeria. Recognizing that language barriers can hinder effective communication and stakeholder alignment, Fanjanirina (2024) highlights the critical role of inclusive language policies in promoting trade integration under the AfCFTA framework. This study employs a mixed-methods approach, consisting of doctrinal analysis of AfCFTA legal texts, case studies illustrating the repercussions of translation errors in contract enforcement, and semi-structured interviews with Nigerian legal practitioners and translators.It aims to (a) identify specific translation challenges that impair the enforceability of commercial contracts,(b) evaluate how these challenges manifest in legal disputes, and (c) propose a structured framework for certified legal translation protocols tailored to Nigeria’s context. The findings are expected to demonstrate how accurate, culturally attuned legal translation strengthens contract clarity, legal certainty, and investor confidence-and thereby supports Nigeria’s deeper integration into intra-African trade. This paper contributes to commercial law scholarship by illuminating translation not merely as a technical step, but as a foundational element influencing legal outcomes under continental trade regimes.