THE EFFICACY AND ACCESSIBILITY OF ALTERNATIVE DISPUTE RESOLUTION (ADR) AS AN ALTERNATIVE TO LITIGATION IN RESOLVING LAND DISPUTES IN NIGERIA

Abstract Land disputes in Nigeria constitute one of the most frequent and protracted forms of civil conflict, often leading to costly, lengthy, and emotionally charged litigation. Although litigation remains the dominant mechanism for resolving such disputes, its limitations—particularly in terms of delays, procedural rigidity, and cost—have prompted increasing attention toward ADR as a potentially more efficient and accessible alternative. This study examines the efficacy and accessibility of ADR in resolving land disputes in Nigeria, using doctrinal legal research methods supported by statutory analysis, case law, journal literature, and institutional reports. The findings reveal that ADR as governed by the Arbitration and Mediation Act 2023, is well-grounded in Nigerian law and enjoys strong judicial support, especially in commercial and contractual land disputes. Decisions such as Mekwunye v Lotus Capital Ltd and Esso Petroleum v NNPC illustrate that courts are increasingly willing to uphold valid ADR mechanisms especially arbitration agreements and enforce arbitral awards. In urban centres like Lagos and Abuja, ADR has gained traction through institutions such as the Lagos Multi-Door Courthouse (LMDC) and Abuja Multi-Door Courthouse (AMDC), where land-related disputes are resolved efficiently through structured ADR panels. However, the research identifies that ADR remains largely inaccessible to a majority of Nigerians due to structural, financial, institutional, and cultural barriers. These include limited public awareness, high costs, absence of legal aid for ADR, lack of trained arbitrators in rural areas, and a disconnect between formal arbitration and customary dispute resolution systems. Outside of elite urban settings, ADR is virtually non-existent in land-related matters governed by customary law. The study concludes that while ADR offers clear procedural benefits over litigation, its current application is confined to a small segment of the population. To democratise access and improve performance, the study recommends the creation of a National Arbitration and ADR Commission, nationwide expansion of Multi-Door Courthouse systems, integration of customary arbitration into formal structures, legal aid for indigent parties, and widespread public education on ADR. With these reforms, ADR could become a truly accessible and efficient mechanism for delivering land justice in Nigeria.