The continuing relevance of customary arbitration in Nigeria: Critical Evaluation of Contemporary Developments

Journal article


Ekhator, E. and Richards, N. U. 2024. The continuing relevance of customary arbitration in Nigeria: Critical Evaluation of Contemporary Developments. African Journal of International and Comparative Law. 32 (2), pp. 165-184. https://doi.org/10.3366/ajicl.2024.0481
AuthorsEkhator, E. and Richards, N. U.
Abstract

Dispute is a natural consequence of human interactions and dispute resolution mechanisms are critical to the peace and harmonious coexistence of every society. In pre-colonial times when there were no western styled public courts in many African societies, customary arbitration was an integral part of the dispute resolution mechanisms, and it is argued that it has remained even so today. In Nigeria, customary arbitration remains relevant and has received judicial approval by the Supreme Court in a plethora of cases. This paper discusses recent judicial developments on customary arbitration focusing on a recent judgment of the Nigerian Supreme Court - Umeadi v Chibunze and its implications on customary arbitration in the highly plural Nigerian legal system. Chibunze v Umeadi recognised the validity of traditional oath-taking as a feature of customary arbitration for parties who rely on it. This paper argues that customary arbitration remains one of the most common indigenous dispute resolution mechanisms in Nigeria. This paper seeks to interrogate the practice of customary arbitration in Nigeria, ascertain the conditions for its validity and evaluate the utility of traditional oath-taking as a constituent process or feature of customary arbitration in Nigeria. This paper will also suggest some reforms to improve the utility of customary arbitration in Nigeria.

KeywordsNigeria; Customary Law; Customary Arbitration; Judiciary; Reforms
Year2024
JournalAfrican Journal of International and Comparative Law
Journal citation32 (2), pp. 165-184
PublisherUniversity of Edinburgh
ISSN 1755-1609
Digital Object Identifier (DOI)https://doi.org/10.3366/ajicl.2024.0481
Web address (URL)https://www.euppublishing.com/doi/abs/10.3366/ajicl.2024.0481
Accepted author manuscript
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All rights reserved
File Access Level
Open
Output statusPublished
Publication dates
OnlineMay 2024
Publication process dates
Accepted17 Jul 2023
Deposited21 May 2024
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