Home / Law / The impact of alternative dispute resolution in the course of justice (the nigeria perspective)

The impact of alternative dispute resolution in the course of justice (the nigeria perspective)

 

Table Of Contents

<p> </p><p>Title Page &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; i &nbsp; &nbsp; &nbsp; &nbsp;</p><p>Certification &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; ii</p><p>Dedication – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; iii</p><p>Acknowledgement &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; iv</p><p>Abstract &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; v</p><p>Table of Content – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; vi</p><p>Table of Cases &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; x</p><p>Table of Statutes – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; xi</p><p>List of Abbreviation &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; xii</p><p><strong>

Chapter ONE

– GENERAL INTRODUCTION</strong></p><p>1.1 &nbsp; &nbsp; Background of the Study &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 1</p><p>1.2 &nbsp; &nbsp; Statement of the Problem &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 2</p><p>1.3 &nbsp; &nbsp; Research Questions &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 3</p><p>1.4 &nbsp; &nbsp; Aims and Objectives of the Study &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 3</p><p>1.5 &nbsp; &nbsp; Research Methodology – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 4</p><p>1.6 &nbsp; &nbsp; Significance of the Study &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 4</p><p>1.7 &nbsp; &nbsp; Scope and Limitation of the Study &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 4</p><p>1.8 &nbsp; &nbsp; Definition of Key Terms &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 5</p><p><strong>

Chapter TWO

– LITERATURE REVIEW</strong></p><p>2.1 &nbsp; &nbsp; Historical Evolution &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 10</p><p>2.2 &nbsp; &nbsp; Conceptual Framework – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 12</p><p>2.3 &nbsp; &nbsp; Theoretical framework &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 16</p><p>2.4 &nbsp; &nbsp; Concept of Justice &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 23</p><p>2.5 &nbsp; &nbsp; Quest for Justice through ADR &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 26</p><p>2.6 &nbsp; &nbsp; Alternative Dispute Resolution and Justice &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 30</p><p><strong>

Chapter THREE

– ANALYSIS OF METHODS BY ALTERNATIVE DISPUTE RESOLUTION IN NIGERIA</strong></p><p>3.1 &nbsp; &nbsp; Mediation &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 38</p><p>3.1.1 Reasons Why Parties Mediate – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 41</p><p>3.2 &nbsp; &nbsp; Arbitration – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 43</p><p>3.2.1 General Principles of Arbitration &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 44</p><p>3.2.2 Advantages of Arbitration &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 45</p><p>3.2.3 Classification of Arbitration &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 46</p><p>3.3 &nbsp; &nbsp; Conciliation &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 48</p><p>3.4 &nbsp; &nbsp; Mini-Trial &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 50</p><p>3.5 &nbsp; &nbsp; Mediation-arbitration &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 51</p><p>3.6 &nbsp; &nbsp; The Multi-Door Courthouse &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 52</p><p>3.6.1 Court Annexed Alternative Dispute Resolution &nbsp; – &nbsp; &nbsp; &nbsp; 54 &nbsp; &nbsp; </p><p>3.6.2 Justice through Alternative Dispute Resolution Mechanism – &nbsp;54</p><p>3.6.3 Justice by Customary Court through mediation – &nbsp; &nbsp; &nbsp; 56</p><p>3.6.4 Magistrate Court and Justice Delivery &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 57</p><p>3.6.5 High Court and Justice Delivery through Alternative Dispute Resolution – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 59</p><p>3.7 &nbsp; &nbsp; Plea bargaining as Alternative Dispute Resolution Mechanism in the Course of &nbsp;Justice – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 61</p><p>3.7.1 Advantages of Plea Bargaining &nbsp; &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 63</p><p><strong>

Chapter FOUR

</strong></p><p>5.1 &nbsp; &nbsp; Summary &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 66</p><p>5.5 &nbsp; &nbsp; Conclusion – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 68</p><p>5.3 &nbsp; &nbsp; Recommendation – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 69</p><p>Bibliography &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 71</p><p><strong>TABLES OF CASES</strong></p><p><strong>Content &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Pages</strong></p><p>Wilson Bolaji Olaleye V. NNPC (Unreported) &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 35</p><p>Eperokun V. University of Lagos 1986 4 NWLR 152 &nbsp; – &nbsp; &nbsp; &nbsp; 35</p><p>Maja V. Samouis: R/81/95 Part: 98 QR 9NSQR 546 at 567 &nbsp; 36</p><p>Obasohan V.Omorodion (Unreported) &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 36</p><p>Ekpe V. Oke: NLR 3 (PLR) &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 36</p><p>Onagoruwa V. Akinremi: Case No. 11 S. 74 (p. 93) &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 36</p><p>Njoku v Ikechukwu (1992) 2 ECSLR 199 – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 40</p><p><strong>TABLE OF STATUTES</strong></p><p><strong>Content &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Pages</strong></p><p>Arbitration Law 1993 &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 60</p><p>Arbitration and Conciliation Act Cap a 18 LFN 2004 – &nbsp; &nbsp; &nbsp; 60</p><p>Constitution of the Federal Republic of Nigeria, 1999 (as Amended) 2011 &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; – &nbsp; &nbsp; &nbsp; 32</p><p><strong>LIST OF ABBREVIATIONS</strong></p><p>ADR &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Alternative Dispute Resolution</p><p>CFRN &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Constitution of the Federal Republic of Nigeria</p><p>LFN &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Laws of the Federation of Nigeria</p><p>ARB &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Arbitration</p><p>L.R &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Law Report</p><p>ANLR &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; All Nigerian Law Report</p><p>LMDC &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Lagos Multi-Door Courthouse</p><p>NWLR &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Nigeria Weekly Law Report</p> <br><p></p>

Thesis Abstract

<p> Man lives in a society with a view to lead a harmonious life. As far as human interaction is concerned, there is bound to be conflict along the line due to competition and/or indifferences. With the increasing number of cases coupled with the inadequate personnel in our Courts, Justice Delivery suffers unimaginably. Consequently, alternative dispute resolution processes since introduced in Nigeria, has produced reasonable access to justice with minimal cost and time. Although, it cannot be substituted with judicial system, Alternative Dispute Resolution can serve as a blessing to modern legal system. It discourages litigation at the expense of disputants. This work therefore, examines the Alternative Dispute Resolution mechanisms using historical results of some conflicts resolved through Alternative Dispute Resolution in Nigeria. The process proved cost effective, saves time and quick disposal of justice without infringing on the rights and privacy of parties involved. It negates the belief that justice is always delayed in Nigeria. Alternative Dispute Resolution has profoundly impacted positively to the quick delivery of justice in Nigeria. <br></p>

Thesis Overview

<p> </p><p><strong>&nbsp;INTRODUCTION</strong></p><p><strong>1.1 &nbsp; &nbsp; Background to the Study</strong></p><p>Justice is a value that individuals, groups and nations struggle to attain the highest of its level, since human justice is proportional, there is no absolute justice on the earth, but we can talk about humanitarian ideal justice.[1] The Impact of alternative dispute resolution in the course of justice especially in Nigeria becomes increasingly crucial to the adjudication of justice. Prior to introduction of alternative dispute resolution process known as the Multi-Door Court House in Nigeria, civil cases were unnecessarily delayed for years due to adjournments which sometimes degenerate to de novo. Most times, people doubt the value of delayed judgment that stayed for so long when some of the parties would have died. Justice delayed is said to be justice denied, therefore it becomes paramount to enable right owner obtain his right through nearest and easiest ways by giving everyone what he deserves through the use of alternative dispute resolution process. Investments and business disputes should not wait unnecessarily for years before it is resolved to enable efficient and meaningful resolution hence the important of Alternative Resolution in addressing conflicts with the urgency they deserve.</p><p>Emerging developments have indicated that litigation as a mechanism for dispute resolution is old fashioned, party unfriendly and incapable of coping with challenges of contemporary dispute resolutions. As posited by justice Akinsanya, the world is moving at a pace that demands our Justice System succumbing to change to be relevant in today’s global village because access to justice means more than access to the Court[2]<strong>. </strong>Also providing access justice means providing access and opportunity for a just and timely result.</p><p><strong>1.2 &nbsp; &nbsp; Statement of the Problem</strong></p><p>Human beings are unpredictable and human factor is deemed as drive and magnifier of factors providing its effectiveness. It then becomes obvious that justice which is deemed as means for creation of social realities could be achieved through the use of alternative dispute resolution mechanism.</p><p><strong>1.3 &nbsp; &nbsp; Research Questions</strong></p><p>The following research questions tend to address the objectives:</p><p>1. &nbsp; &nbsp; &nbsp; What relationship exists between Alternative Dispute Resolution mechanism and Justice?</p><p>2. &nbsp; &nbsp; &nbsp; Does Alternative Dispute Resolution have any impact?</p><p><strong>1.4 &nbsp; &nbsp; Aims and Objectives of the Study</strong></p><p>The main aim and objective of this study is to investigate the impact of alternative Dispute Resolution to the course of justice while the specific objective is:</p><p>i. &nbsp; &nbsp; &nbsp; To explore the correlation between two variables: Alternative Dispute resolution and Justice.</p><p>ii. &nbsp; &nbsp; &nbsp; Measure the relative impact of Alternative Dispute Resolution on justice.</p>THE IMPACT OF ALTERNATIVE DISPUTE RESOLUTION IN THE COURSE OF JUSTICE (THE NIGERIA PERSPECTIVE) <br><p></p>

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