Alternative Dispute Resolution: Historical and Contemporary Perspectives on Enhancing the Role of Traditional Rulers in Nigeria
DOI: https://doi.org/10.24040/sap.2024.11.4.200-214
Citácia: KEHINDE, A. O. – WIWOLOKU, M. N. 2024. Alternative Dispute Resolution: Historical and Contemporary Perspectives on Enhancing the Role of Traditional Rulers in Nigeria. In Štát a právo [online]. 2024, vol. 11, no. 4. pp. 200-214 [cit. dátum citovania]. ISSN 2644-643X. Available at: https://doi.org/10.24040/sap.2024.11.4.200-214
Abstract: Conflict is undoubtedly an inevitable component of human interactions in any given society. Conflict arises from the differences and incompatibility of aims and values among individuals in a community. Throughout history, whether in ancient times or in the present day, when conflicts arise, people have always sought ways to resolve them, either through mediation or by turning to established legal systems. The implementation of Alternative Dispute Resolution (ADR) in response to the limitations of Litigation has undoubtedly revolutionized the Nigerian legal and conflict resolution system. ADR has seen substantial evolution, from its adoption by different Courts of the state of the federation to the establishment of multi-door courts. Moreover, Alternative Dispute Resolution (ADR) could be the crucial element and the solution to incorporating traditional rulers into the legal system. These rulers, who were significant figures in the pre-colonial age, have become obsolete due to the rise of litigation. This study will employ a chronological examination of the position and function of traditional rulers in the process of settling disputes during the pre-colonial era, and their subsequent role as influential but unofficial institutions in modern times, not recognized by the constitution. The analysis will also investigate Alternative Dispute Resolution (ADR), tracing its evolution over time and exploring its potential as a bridge between the informal traditional system and the official legal system. Additionally, it will address the importance of empowering traditional rulers and recommends that the Nigeria government should ensure that traditional institutions are empowered and integrated into the 1999 Constitution of the Federal Republic of Nigeria with defined roles.
Key Words: Conflict resolution, Alternative Dispute Resolution, Traditional Rulers, litigation, conflict resolution
