Looking Past English Law: Alternative Dispute Resolution Through the Customary Law Lense in Nigeria
Abstract
Alternative Dispute Resolution (ADR) is often framed within the received English common law system in Nigeria, with emphasis on arbitration, mediation, and conciliation as statutory or court-annexed procedures. Yet, long before the introduction of English law, indigenous Nigerian societies developed sophisticated mechanisms for managing conflict that prioritized restoration, social cohesion, and communal harmony. This paper examines ADR through the lens of Nigerian customary law. The study examined that customary ADR, characterized by flexibility, accessibility, voluntariness, and restorative outcomes, remains relevant and widely utilized, especially in rural and semi-urban communities. However, challenges including lack of formal enforcement, repugnancy tests, gender bias, and conflict with constitutional rights persist. The paper concludes that a pluralistic approach which integrates customary ADR into the formal justice system will enhance access to justice, decolonize dispute resolution, and preserve indigenous jurisprudence. Recommendations include statutory recognition, capacity building for traditional adjudicators, and harmonization with human rights standards.