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 well-

accepted 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.

- 108 -
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.

- 109 -
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.

- 110 -
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.

- 111 -
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.

- 112 -
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.

- 113 -