EFFICACY OF CUSTOMARY ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN NIGERIA

Customary law arbitration is an important but underrated form of alternative dispute resolution mechanism in Nigeria. This form of arbitration deeply sourced from the norms, customs and traditions of people who are situated in different ethnic groups in Nigeria. Customary arbitration serves as a representation of indigenous methods through which conflicts are resolved based on the societal, cultural and indigenous norms. This essay evaluates on the efficacy of customary arbitration as alternative to court processes and other forms of alternative dispute resolution mechanisms. Customary arbitration has the back up of statutory law which researches on the characteristics of customary arbitration with its emphasis on customary laws, flexibility and cost-effectiveness especially in rural societies where there is little or no access to the modern justice system. This paper also explains how customary arbitration evolves around the Nigerian legal system which consists of the statutory and customary law. Analysis of court decisions are made to pinpoint the conditions courts use to determine the validity and enforceability of customary arbitral awards. Although there are numerous advantages, the study also reviews the challenges limiting a wider application of customary arbitration which include, absence of a firm procedure, non-codification, inconsistent methods and settlement, contradiction with the doctrine of human rights. This study concluded even when customary arbitration upholds a communal and cultural appreciated way of settling disputes, the effectiveness can be more substantial by incorporating customary methods with formal ADR processes. This can involve a codified regulation and guideline and education of community and traditional arbitrators. This can improve on the wider application of customary arbitration and also ensure consistency, fairness and enforceability.