The scope and relevance of customary arbitration vis a vis litigation in the contemporary Nigerian Society

Abstract

This paper examined the scope and relevance of customary law against litigation in contemporary Nigerian society. It examined customary arbitration and juxtaposed it with the technicalities involved in regular courts where access to justice remains a major challenge. Some of these challenges range from the inability to afford legal representation, delay in resolving cases, high fees for litigation, inadequate manpower, and the cumbersome process of justice administration in Nigeria with the attendant effect of denial of justice. This paper focused on third-party problems and consequences associated with litigation adopting a desk-based methodology. It also examined the origin of customary arbitration in Nigeria, its operations, etc. It found that customary arbitration is the oldest and earliest form of dispute resolution that has achieved tremendous success in our indigenous society. It also found that alternative dispute resolution is only an adaptation of the customary mode of dispute resolution to suit the challenges in the courtroom due to the demands of contemporary society. It recommends the need for the adoption of customary law arbitration. It concludes by stating that the increase in the global acceptance of ADR is a result of its simplicity, predictability, accommodation, and affordability.