The Growth of Adr in Nigeria
THE GROWTH OF ADR IN NIGERIA
By
Enenche Eleojo
1. INTRODUCTION
As human beings, we are caught up daily in a complex web of social and commercial interactions. For as long as these interactions continue, interests are bound to clash. When interests clash or are in completion with the interest of others then we can say a dispute has arisen. For as long as humans exist there will be disputes.
What makes the difference is how the disputes are resolved. Instinctively, once a dispute arises we access the justice system with the hope of getting some form of redress. Sometimes we get justice in record time but most times it comes long after the parties have not only become impoverished but also the cost of the litigation process may have long over shot the claim. Then comes the weather bitten adage “justice delayed is justice denied”. Wherein then lies justice in the matter?
It needn’t always be like this. Overtime there has been clamors for supplements to the available resources for justice by providing alternatives that produce enhanced, timely, cost effective and user friendly access to justice. These supplements refer to Alternative Dispute Resolution (ADR). ADR refers to a variety of dispute resolution mechanisms usually available to supplement the available resources for justice by providing more effective, faster, friendlier and cheaper alternatives to litigation. The concept and its growth in Nigeria is hereunder considered in greater detail.
2. JUDICIAL POWERS AND THE CHALLENGE OF THE COURT SYSTEM
There is no doubt that the Nigerian Constitution of 1999 confers the Courts of the land with judicial powers. Section 6 (1) & (2) provides that:
(1) The Judicial powers of the Federation shall be vested in the Courts to which this section relates, being courts established for the Federation.
(2) The Judicial powers of a State shall be vested in the Courts to which this section relates, being courts established, subject as provided by this
By
Enenche Eleojo
1. INTRODUCTION
As human beings, we are caught up daily in a complex web of social and commercial interactions. For as long as these interactions continue, interests are bound to clash. When interests clash or are in completion with the interest of others then we can say a dispute has arisen. For as long as humans exist there will be disputes.
What makes the difference is how the disputes are resolved. Instinctively, once a dispute arises we access the justice system with the hope of getting some form of redress. Sometimes we get justice in record time but most times it comes long after the parties have not only become impoverished but also the cost of the litigation process may have long over shot the claim. Then comes the weather bitten adage “justice delayed is justice denied”. Wherein then lies justice in the matter?
It needn’t always be like this. Overtime there has been clamors for supplements to the available resources for justice by providing alternatives that produce enhanced, timely, cost effective and user friendly access to justice. These supplements refer to Alternative Dispute Resolution (ADR). ADR refers to a variety of dispute resolution mechanisms usually available to supplement the available resources for justice by providing more effective, faster, friendlier and cheaper alternatives to litigation. The concept and its growth in Nigeria is hereunder considered in greater detail.
2. JUDICIAL POWERS AND THE CHALLENGE OF THE COURT SYSTEM
There is no doubt that the Nigerian Constitution of 1999 confers the Courts of the land with judicial powers. Section 6 (1) & (2) provides that:
(1) The Judicial powers of the Federation shall be vested in the Courts to which this section relates, being courts established for the Federation.
(2) The Judicial powers of a State shall be vested in the Courts to which this section relates, being courts established, subject as provided by this