The Legality of Resolving Land Disputes through Customary Arbitration in Nigeria

Abstract

Prior to the advent of colonial administration in Nigeria, the entity
currently known as Nigeria was occupied by approximately 250
independent groups. These groups had their Distinct Customary Laws
which they used in the administration of disputes. Hence, customary
arbitration was and still remains a widely accepted option for settling
disputes in Nigeria. Although, this method of adjudication is principally
governed by Native Law and Custom, it is permitted by the constitution of
the Federal Republic of Nigeria and recognized by Nigerian Courts. The
paper adopted the doctrinal research methodology, examined the legality
of resolving land disputes through customary arbitration (including oath
taking) in Nigeria. It further analysed the historical evolution of
customary law in Nigeria, the recognition of Customary arbitration and
practices, and the grant of customary arbitration award based on oath
taking. The paper which was hinged on the position of the Supreme Court
in Umeadi v Chibunze submitted that the resolving of land disputes
through customary arbitration including juju invocation remains a valid
practice in the resolution in land disputes of Nigeria.