Exploring Indigenous Methods of Alternative Dispute Settlement in Nigeria: A Study of the Ikwerre Traditional Arbitration
- May 2, 2020
- Posted by: RSIS
- Categories: IJRISS, Political Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue IV, April 2020 | ISSN 2454–6186
OGELE, Eziho Promise
Department of Political Science, Rivers State University, Nkpolu Oroworukwo, Port Harcourt, Nigeria
Abstract: – The distortion of the traditional arbitration and imposition of the English legal system of dispute settlement has adversely impacted on many traditional societies in Ikwerre ethnic nationality. Mere disputes are now tried in the court of law. Sometimes, these cases stay for years before judgments are pronounced by the trial judge. This delayin judgment and other challenges such as exorbitant legal fees, a backlog of cases, and a limited number of judges, have constituted a hiccup to achieving justice in the law court. The investigation was informed on the fact that several disputes have been settled out of courts and peace restored among the disputants within a short period among Ikwerre people. Applying the Third-Party Intervention Model, the study explored the effects of the roles played by the Ikwerre traditional arbitrators as a neutral party in dispute settlements. The study adopted a qualitative method data gathering. The study unraveled that Ikwerre traditional adjudication is fast and less expensive. Second, the parties involved are given a fair hearing based on truth, which sometimes is premised on Ikwerre religious belief. The study recommended judicial reforms to include Ikwerre’s traditional arbitration as part of the justice administration in Nigeria.
Keywords: Arbitration, Disputants, Dispute, Conflict, Legal, Settlement
I. INTRODUCTION
The traditional justice system has gained prominence in recent times. Historically, the global recognition of alternative dispute settlements dates back to the 1970s in the United States of America as a result of the backlog of cases, decrease in the required judges, the cost of paying legal service, delay in ending the matter, among others. On September 13th, 2007, the United Nations General Assembly endorsed an informal justice system to facilitate the rule of law in traditional societies.
