A REVIEW OF THE IMPACT OF DOMESTIC ARBITRATION PRACTICE IN ADMINISTRATION OF JUSTICE IN NIGERIA

Abstract

Struggles and conflicts are characteristics of human relationships. Like other civilized countries of the world, the Nigerian legal system generally gives no room for self help and anarchy. By section 6 of the extant Constitution of the Federal Republic of Nigeria, 1999 (as amended), the court has been established as the primary institution for the determination of rights and obligations of individuals in Nigeria. Sadly, over the years, it has become a common refrain in the lips of many Nigerians that to seek redress in the court for any legal injury is a waste of precious time and resources because that relief may not come during one’s lifetime. Admittedly, the Nigerian court system is corrupt, cumbersome, obsolete, slow and rigid and cannot produce acceptable results within reasonable time with minimum cost and stress on the litigants. Adjudication of disputes dragging for many years has not only paralyzed and rendered the Nigerian economy unattractive to foreign investors; it also resulted in the transfer of numerous business entities to neighboring countries. In reaction to the continued public outcries over the pitfall of the Nigeria legal system, various states in Nigeria have introduced unique and revolutionary arbitration friendly innovations in their respective High Court Rules and established Multi-Door Courts in attempts to remedy the ugly situation. Proudly, Domestic Arbitration is today playing vital roles in ensuring timely and just resolution of disputes in Nigeria. Put differently, Arbitration complements litigation and has succeeded where litigation failed in many occasions in Nigeria. This study critically reviewed the impact of domestic arbitration practice in administration of justice in Nigeria with the aim of providing recommendations and suggestions that will aid in reforms. It is the finding of the research that Arbitration as an alternative dispute resolution mechanism is a shift from the traditional court to the more flexible, just, time responsive and efficient method of adjudication. At the end, it recommended among others that Arbitration and Conciliation Act be reviewed to remove some of its controversial provisions.