Chapter Six

Alternative Dispute Resolution (ADR) As Panacea to the Shortcomings of the Nigerian Legal System.

CHAPTER 6

CONCLUSION: PROPOSALS FOR THE DEVELOPMENT OF ADR IN NIGERIA

In conclusion, ADR in Nigeria has a mixed status. On the one hand it is wellaccepted and hailed as a timely breath of fresh air; on the other, it is viewed with suspicion and pessimism. Whatever the case, with the amount of support given the phenomenon in the country by the judiciaries of Lagos and Abuja, and great legal icons, ADR is bound to continue make in-roads to the system of delivery of justice in Nigeria.

It was the great legal luminary, the late Chief F. R. A. Williams, SAN that said:

“From the time of the establishment of Court of Law in this country, the legislature has invariably enjoined our courts to promote

reconciliation

and

amicable

settlement

of

controversies before them. The provision now enacted in Section 24 of the High Court of Law of Lagos State has a very long history. That section states as follows: ‘In any action in the High Court, the court may promote reconciliation among the parties thereto and encourage and facilitate the

Ayokunle B. Oyawale (LAW/2001/099), Obafemi Awolowo University, Ile-Ife, Osun State, NIGERIA.

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Alternative Dispute Resolution (ADR) As Panacea to the Shortcomings of the Nigerian Legal System.

amicable settlement thereof.’ It is necessary to remind ourselves of the existing statutory reinforcement of ADR in this country. This is because, as far as I can see, all judicial officers have a vital role to play in the practical realization and operation of ADR as our system of administering justice.”1

Thus, it is clear that the question is not whether ADR should be welcome as an answer to the disrepute of our courts owing to the sky-rocketing costs and long overdrawn court cases that birth delay in justice, and as the cliché goes: ‘justice delayed is justice denied’; the question is how to advance the prospects of ADR in the country. How can ADR be further developed in Nigeria?

The following proposals are tendered in response to the above question and for increased effectiveness and efficiency of ADR in Nigeria stemming from the just concluded study on ADR as panacea to the shortcomings of the Nigerian legal system.

In the private sector, more initiatives are necessary on the part of private-based NGOs and other ADR organisations. These could take the form of training institutions, community awareness programmes, ADR service providers, etc. Such NGOs should be encouraged to start up and flourish as bodies like the Negotiation

1

His address at the launch of the Negotiation and Conflict Management Group’s ‘ADR 2000 CAMPAIGN’, October 2000.

Ayokunle B. Oyawale (LAW/2001/099), Obafemi Awolowo University, Ile-Ife, Osun State, NIGERIA.

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Alternative Dispute Resolution (ADR) As Panacea to the Shortcomings of the Nigerian Legal System.

and Conflict Management Group (NCMG) cannot adequately cater for the whole country. As in USA, Canada and England, multiple bodies advancing ADR will work for the good of justice and will give rise to increased professionalism on the parts of these bodies. No longer would the populace not have a standard of reference because there is only one NGO providing ADR or championing its cause. They will be able to choose the provider whose services best align to their needs and as the reputation of these NGOs grow, those known for their expertise and administrative efficiency will shine through and garner the most patronage. Also, these NGOs and other outfits will be thus afforded the opportunity to focus on certain segments or classes of the citizenry. Some NGOs could choose to serve the less-privileged, labour, corporate organisations and multinationals, etc. This is highly recommended because in Nigeria today, ADR is only being championed by the NCMG and other organisations like the Chartered Institute of Arbitrators of Nigeria.

Public enlightenment and awareness should be stepped up regarding the possibility and avenues of resolving disputes outside the courts. Countless injustices are suffered by citizens and individuals daily, but only an insignificant percentage of these seek redress in the courts because they can’t afford counsels’ fees. The knowledge of ADR and cheaper avenues of obtaining justice will encourage these victims to come forward to initiate the process of dispute resolution and get the redress they deserve.

Ayokunle B. Oyawale (LAW/2001/099), Obafemi Awolowo University, Ile-Ife, Osun State, NIGERIA.

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Alternative Dispute Resolution (ADR) As Panacea to the Shortcomings of the Nigerian Legal System.

As in the model rules for the administration of ADR released in Canada and in other jurisdictions of the world, a private-government collaboration should come forward with model rules for the regulation of ADR practice and services in Nigeria. This will serve as a guideline for the institutions and NGOs and other profit-driven organisations earlier proposed. Wherever proliferation occurs, there is bound to be abuse. Hence, these rules would serve as a safeguard against exploitation by unscrupulous elements who seek to join the ADR bandwagon as the next in-thing for their own greed’s sake.

On the part of the government, sector-based ADR initiatives should be championed by the government. The government needs to be educated about the prospects in ADR and should state its commitment to the speedy resolution of disputes and conflicts. This should not be mere lip-service, but the government should find recourse to ADR in the resolution of some of their labour union, community and other sensitive conflicts, an example of which is the present Niger-Delta crises. A brilliant example of such sector-based initiatives is the ongoing negotiation between the Chartered Institute of Arbitrators of Nigeria and the Banking Sector to first arbitrate disputes arising from banking services before going to court. Such an initiative replicated in other sectors, is bound to cause the economic wheels of the country run smoother and invariably encourage foreign direct investments because swift and precise judgment is available in the country.

Ayokunle B. Oyawale (LAW/2001/099), Obafemi Awolowo University, Ile-Ife, Osun State, NIGERIA.

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Alternative Dispute Resolution (ADR) As Panacea to the Shortcomings of the Nigerian Legal System.

Also, lawyers and judges should be trained in ADR and should have their orientation of litigation as the first and only means of dispensing justice realigned. For starters, ADR should be introduced in the curricula of the Nigerian Law School and law faculties in the country. One-off seminars and workshops on ADR are not sufficient to raise a generation of upcoming lawyers who are conscious of the many other means of resolving disputes other than litigation and who will continue to champion the cause of justice through ADR as is happening all over the world. In the same vein, judges should be won over to ADR as the buck stops with them in determining just how much ADR is integrated into our legal system.

Lastly, certain classes of suits before the courts could be mandated to first seek redress via ADR before approaching the courts for litigation. These could include rent and tenancy disputes, divorce settlements, child custody cases, etc. Also, ADR should be incorporated into the Office of the Public Defender. This would be in line with contemporary ADR trends worldwide, would save taxpayers’ money being expended on protracted court cases and encourage more and more people to resort to ADR.

In all, Nigeria has charted a course in Africa by being the first country to embrace the Multi-Door Courthouse concept, however, the race is not over and we should not relent in continuing to explore newer methods of bringing justice to the people

Ayokunle B. Oyawale (LAW/2001/099), Obafemi Awolowo University, Ile-Ife, Osun State, NIGERIA.

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Alternative Dispute Resolution (ADR) As Panacea to the Shortcomings of the Nigerian Legal System.

through ADR. ADR has been favoured the world over as the face of justice for the future; this should be evident in the administration of justice in Nigeria. ADR might not be the only way to solve the problems of our legal system, especially where delays in court are concerned, but it is surely an option that is time-tested and that is effective in doing so.

Ayokunle B. Oyawale (LAW/2001/099), Obafemi Awolowo University, Ile-Ife, Osun State, NIGERIA.

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