An evaluation of customary law arbitration and it's development

in Nigeria

Introduction
is an essential part of any academic writing, as it sets the tone of the essay and provides a clear
understanding of its scope and purpose. This essay aims to evaluate the development of customary law
arbitration in Nigeria, with a particular focus on its impact on the resolution of disputes among people
in the region. The essay will explore the historical background of customary law arbitration in Nigeria,
its current status, and the various challenges that have hindered its progress over the years. Additionally,
this essay will also analyze the strengths and weaknesses of customary law arbitration in Nigeria and how
it compares to modern legal systems. The essay ultimately aims to provide a comprehensive analysis of
customary law arbitration and its relevance in contemporary Nigerian society.

- Definition of Customary Law Arbitration

Customary law arbitration refers to the process of resolving disputes in accordance with the customs and
traditions of a particular ethnic group or community. It is an alternative means of dispute resolution that
has been practiced in various societies since time immemorial. Customary law arbitration is based on the
principles of fairness, equity, and justice and is conducted by an impartial arbitrator or panel of arbitrators
who are respected members of the community. The arbitrators' decision is binding on the parties involved
and cannot be appealed to a court of law. Customary law arbitration has gained recognition from the
Nigerian legal system, evidenced by the provisions of the Arbitration and Conciliation Act 1988, which
recognizes customary law arbitration as a valid means of dispute resolution. Customary law arbitration is
particularly relevant in Nigeria where the formal court system is clogged up, slow, and expensive.

- Significance of Customary Law Arbitration in Nigeria

The significance of customary law arbitration in Nigeria lies in its ability to provide indigenous conflict
resolution mechanisms that are attuned to the cultural and traditional values of the people. This form of
dispute resolution is built on the communal values that are central to the African society, and as such, offer
a forum for resolving disputes in a manner that is fair, equitable, and just. Additionally, customary law
arbitration has served as an alternative to the Western-style judicial system that was imposed on Nigeria
during the colonial era. The colonial government perceived customary law as primitive and inferior, but
the introduction of formal legal systems has brought about a decline in the use of customary law arbitration
mechanisms. However, the recognition and revival of customary law arbitration in Nigeria have been vital
in promoting access to justice, preserving cultural heritage, and fostering community cohesion.

However, the implementation of customary law arbitration in Nigeria is not without its challenges. One
of the major issues is the lack of formal recognition from the state legal system. This has led to situations
where the findings of customary law arbitration are not legally binding and can be challenged in the courts.
There is also the issue of gender bias in customary law arbitration as women and children are often not
adequately represented or protected. Furthermore, there is a lack of uniformity in customary law across
different ethnic groups, which can lead to conflicting outcomes. Despite these challenges, customary
law arbitration remains an integral part of the Nigerian legal system and has played a significant role
in resolving disputes and promoting social cohesion in local communities. Therefore, efforts to address
these challenges are necessary to ensure that customary law arbitration continues to serve its purpose in
the Nigerian legal system.

II. Historical Background of Customary Law Arbitration in Nigeria

Customary law arbitration has a long history in Nigeria, dating back to pre-colonial times. Prior to the
arrival of colonial powers, customary law was the primary system of justice in Nigeria. Arbitration was
a key aspect of this system, as it provided a way for disputes to be resolved without resorting to violence
or formal court proceedings. However, under British colonial rule, customary law was sidelined in favor
of a common law system heavily influenced by European legal traditions. This led to the marginalization
of customary law arbitration, as it was no longer recognized as a standalone legal system. Despite this,
customary law arbitration persisted in many rural areas of Nigeria, especially in the North, where the
influence of Islamic law (which incorporates customary law principles) remained strong. In recent years,
there has been a renewed interest in customary law arbitration as a means of resolving disputes in Nigeria,
due in part to the limitations of the formal court system and the desire to preserve traditional cultural
practices.

- The origin of Customary Law Arbitration

Customary law arbitration has its roots in the traditional legal systems of many societies across the world.
In Nigeria, for example, customary law was the primary legal system of the precolonial era. Disputes
were resolved in community meetings where elders, chiefs, and religious leaders acted as arbitrators by
applying the customary laws and traditions. The British colonial administration introduced the British
common law system but recognized the legitimacy of customary law. This recognition, however, was
limited to issues that did not conflict with British laws, and as such, customary law arbitration remained
relevant in resolving disputes that could not be dealt with under the common law regime. Hence, the
origin of customary law arbitration can be traced to precolonial times and its relevance continues to this
day in resolving disputes of a cultural or traditional nature.

- The role of Customary Law Arbitration in pre-colonial Nigeria

Customary law arbitration played a significant role in pre-colonial Nigeria. It served as a primary means of
dispute resolution among the various ethnic groups that existed in the country. The traditional authorities
were responsible for resolving disputes based on the socio-cultural values and norms of their respective
communities. Customary law arbitration was guided by the principles of fairness, equity, and impartiality,
and decisions were made based on the peculiarities of each case. It was the responsibility of the arbitrator
to investigate the matter, identify relevant facts, and make a decision that was acceptable to both parties.
Customary law arbitration was effective in resolving disputes such as land disputes, family disputes,
and inter-communal conflicts, and was integral to maintaining social order and cohesion in pre-colonial
Nigeria.

- The impact of colonialism on Customary Law Arbitration

In conclusion, the impact of colonialism on customary law arbitration in Nigeria has been both positive
and negative. On one hand, it has led to the erosion and extinction of certain customary practices, which
has resulted in the loss of certain modes of dispute resolution that served as alternatives to the Western
legal system. On the other hand, colonialism has facilitated the recognition and promotion of certain
customary practices, which have been incorporated into Nigerian law and legal practice. Furthermore,
since independence, the Nigerian government has made efforts to reform and modernize customary law
arbitration, while also ensuring that customary practices are not used to perpetuate injustice and inequality.
Overall, the development and evolution of customary law arbitration in Nigeria reflects the complex
interplay of historical, political, and cultural factors.

Furthermore, the issue of gender discrimination in customary law arbitration cannot be ignored. Women
are often excluded from participating in these processes due to cultural and traditional beliefs that they
cannot serve as arbitrators or that their testimony carries less weight than that of men. This represents
a violation of their fundamental human rights and perpetuates a cycle of inequality. However, there
have been efforts made to address this issue, such as the establishment of female arbitrators and the
incorporation of gender perspectives in arbitration proceedings. Additionally, the role of customary law
arbitration in promoting access to justice and the resolution of disputes in local communities cannot
be overlooked. Thus, while there are still challenges to overcome in ensuring fairness and justice in
customary law arbitration, its potential to provide effective, culturally appropriate dispute resolution
mechanisms cannot be ignored.

III. Customary Law Arbitration in Nigerian Legal System

Customary law arbitration remains a vital part of the Nigerian legal system, with a long history of
resolution of disputes. Despite its usefulness, customary law arbitration has faced many challenges. One
of the significant challenges is the clash between customary law arbitration and modern legal systems,
which sometimes creates conflicts and uncertainties. The lack of standardization of procedures and rules
governing customary law arbitration has also created challenges in the Nigerian legal system. In recent
years, the government has made efforts to address these challenges by adopting measures aimed at
incorporating customary law arbitration into the formal legal system and standardizing its procedures and
rules. However, there is still much room for improvement and reform of the customary law arbitration
system in Nigeria. The government must continue to foster the development of customary law arbitration
by making necessary adjustments to suit the modern legal landscape, while also preserving its inherent
cultural values.

- Legal recognition of Customary Law Arbitration in Nigeria

In conclusion, the legal recognition of customary law arbitration in Nigeria has come a long way. It
has been recognized, codified, and given specific legal backing by the Nigerian government. The legal
framework has contributed immensely to the development of customary law arbitration and its acceptance
as a reliable dispute resolution mechanism. While this is commendable, there are still many challenges to
be addressed. The lack of adequate awareness and education about customary law arbitration, especially
in urban areas, has largely limited its practice. Additionally, the continued violation of human rights in
some arbitration processes and the recognition of discriminatory practices continue to be a major concern.
Therefore, to fully harness the potential of customary law arbitration, there must be improvements to the
legal framework, better education and awareness about its practice, and strict adherence to principles of
equity and justice in arbitration processes.

- Differences between Customary Law Arbitration and Formal Judicial System in Nigeria
In contrast to the formal judicial system, customary law arbitration in Nigeria is generally faster, more
accessible, and less expensive. Customary law arbitration, like some other ADR mechanisms, allows
individuals to settle their disputes quickly and informally while avoiding the often lengthy and complex
procedures of the formal judicial system. The arbitrators are usually members of the community who
have knowledge of both the customs and the law of the land and are therefore better placed to manage the
parties’ expectations. Furthermore, customary law arbitration may provide an opportunity for the parties
involved to preserve their relationships, as opposed to the formal judicial system where the adversarial
nature of litigation may strain or break them. However, there have been reports of bias and unfairness in
certain instances when parties are not given equitable treatment during the arbitration process.

- The advantages and disadvantages of Customary Law Arbitration

In conclusion, Customary Law Arbitration has both advantages and disadvantages. On the one hand, it is
an efficient and cost-effective alternative to the slow and expensive court system. It also promotes cultural
autonomy and helps preserve traditional values and customs. On the other hand, the lack of transparency
and enforceability, the possibility of biased decisions, and the limitation of scope to certain types of
disputes are significant drawbacks that affect the credibility and legitimacy of the system. Therefore,
a careful evaluation of the pros and cons of Customary Law Arbitration is necessary to determine its
suitability for different contexts and the need for reform, standardization, and integration with other legal
frameworks. Ultimately, the goal should be to balance the advantages of cultural diversity and social
harmony with the imperatives of justice, fairness, and human rights.

Furthermore, it is important to note that the process of customary law arbitration has evolved over time
in Nigeria. In recent years, there has been a growing awareness and acceptance of the use of arbitration
in dispute resolution in the country. The Nigerian government has recognized the important role that
customary law arbitration can play in settling disputes and has taken steps to support its development and
use. For example, the Arbitration and Conciliation Act of 1988 provides a legislative framework for the
recognition and enforcement of arbitral agreements and awards, including those arising from customary
law arbitration. Additionally, the Nigerian Institute of Chartered Arbitrators was established in 1979 to
promote the use of arbitration as an effective means of dispute resolution and to provide training and
certification for arbitrators. Overall, the development of customary law arbitration in Nigeria has the
potential to promote social justice and access to justice for all segments of society.

IV. Development of Customary Law Arbitration in Nigeria

The development of customary law arbitration in Nigeria can be traced back to the pre-colonial era. This
traditional system of dispute resolution received recognition under the British colonial administration, as
they realized the potential benefits of the system. However, with independence, the adoption of modern
legal systems and institutions saw a decline in the use of customary law arbitration. Consequently, the
Nigerian legal system experienced a surge in litigation, lengthy delays, and high costs. Recognizing
the need for a reform, the Nigerian government enacted the Arbitration and Conciliation Act in 1988,
which sought to promote arbitration as a means of dispute resolution. The Act recognizes customary law
arbitration as a form of arbitration, thus giving it proper recognition and legal backing. This enabled the
resurgence of customary law arbitration in Nigeria, with a significant number of cases being resolved
through this system.

- Changes in Customary Law Arbitration over the years

Over the years, customary law arbitration has undergone significant changes in Nigeria. One of the most
notable changes is the increased formalization of the process. Customary law arbitration was traditionally
an informal process, with disputes being resolved through dialogue and negotiation. However, due to the
growing complexities of disputes and the need for more consistent and predictable outcomes, customary
law arbitration has become more formalized. This has involved the introduction of written rules and
procedures, the appointment of trained arbitrators, and the creation of formal awards. Additionally, there
has been a shift towards the use of written evidence and the adoption of modern technologies, including
video conferencing and online arbitration. These changes reflect the evolving needs of society and the
desire for a more efficient and effective dispute resolution process in Nigeria.

- The role of governmental agencies in the development of Customary Law Arbitration

Governmental agencies play a crucial role in the development of Customary Law Arbitration in Nigeria.
First, these agencies create policies and frameworks that ensure the legitimacy, standardization, and reg-
ulation of Customary Law Arbitration. Second, they provide technical assistance, training, and capacity
building to Customary Law Arbitrators to enhance their knowledge and skills. Third, they engage in
advocacy and public awareness campaigns that educate communities on the importance of Customary
Law Arbitration and its benefits. Fourth, they facilitate the incorporation of Customary Law Arbitration
into the mainstream justice system through the recognition and enforcement of its decisions. Fifth,
they set up monitoring and evaluation mechanisms to assess the effectiveness and impact of Customary
Law Arbitration. Without the support and involvement of governmental agencies, the development and
sustainability of Customary Law Arbitration would be greatly hindered.

- Challenges faced in the development of Customary Law Arbitration in Nigeria

Despite its widespread practice and cultural significance, Customary Law Arbitration in Nigeria faces a
range of notable challenges in its development and applicability. One of the most significant of these is
the issue of jurisdictional clashes, which can occur when customary arbitration processes overlap with
modern court structures. Additionally, there is a concern about the inconsistency and potential bias of
some customary arbitration panels, which may lead to unfair and unjust outcomes. The lack of adequate
training and formal regulation of the arbitration process is another factor that can limit its effectiveness and
robustness. Financial constraints also exist as parties involved in the process have to bear the cost of the
proceedings. These and other issues will need to be addressed to ensure that Customary Law Arbitration
can operate effectively and with the necessary transparency, accountability, and integrity, to serve the
needs of Nigeria's diverse communities.

Furthermore, the effectiveness of customary law arbitration in Nigeria is also dependent on the extent to
which the parties involved abide by the decisions made. In some cases, parties may disregard the ruling
of the arbitrator and resort to further violence or litigation. This is often due to the lack of enforcement
mechanism for these decisions. It is, therefore, necessary for customary law arbitration to be supported by
the government and legal institutions in order to enhance its legitimacy and effectiveness. One suggestion
for achieving this is to have government-sanctioned customary law arbitrators and to incorporate their
decisions into the formal legal system. By recognizing the legitimacy of customary law arbitration and
enforcing its decisions, the Nigerian legal system can help to promote peace and justice in the country.

V. The Future of Customary Law Arbitration in Nigeria

In conclusion, as Nigeria continues to develop, customary law arbitration may face challenges in main-
taining its relevance and effectiveness in resolving disputes. The introduction of western legal systems and
the influence of globalization may lead to a decline in the usage of customary law arbitration. However,
despite these challenges, customary law arbitration remains deeply ingrained in Nigerian culture and will
continue to play a significant role in dispute resolution. In order to ensure its futures success, there needs to
be further efforts to modernize and formalize the processes of customary law arbitration. This includes the
development of legal frameworks and institutions that recognize and support customary law arbitration,
as well as increased efforts to educate the population on the benefits of using traditional methods of
dispute resolution. By doing so, Nigeria can continue to build a strong legal system that incorporates both
traditional and modern methods of dispute resolution.

- The potential benefits of continuing the practice of Customary Law Arbitration

In conclusion, the potential benefits of continuing the practice of Customary Law Arbitration cannot be
overemphasized. The process is cost-effective, faster, and more accessible to the masses compared to
other legal systems. It is a way of preserving the culture and values of communities, promotes peaceful
coexistence, and reduces the workload of the conventional court system. Since customary law is an integral
part of the culture of many communities in Nigeria, the recognition and incorporation of customary
law arbitration into the justice system will foster the participation of people in the legal system. It will
also reduce the overcrowding and pending cases in courts, leading to a more effective, efficient, and
accessible legal system. The potential benefits make it imperative to continue the practice of Customary
Law Arbitration in Nigeria and other countries where it is applicable.

- Suggestions for improving the practice of Customary Law Arbitration in Nigeria

In order to improve the practice of customary law arbitration in Nigeria, several suggestions can be
made. Firstly, there should be more formal training for traditional rulers, elders, and other community
leaders who serve as arbitrators. This will help to ensure that they have a clear understanding of the
legal principles that underpin the arbitration process. Secondly, there should be stronger oversight and
regulation of the arbitration process to ensure that it is fair, efficient, and effective. This could be
achieved through the establishment of national or regional bodies tasked with overseeing and regulating
customary law arbitration. Finally, efforts should be made to promote greater awareness of customary law
arbitration among the general public. This could be achieved through public education campaigns and the
development of information resources that explain the process and benefits of customary law arbitration
in Nigeria.

- The possibility of integrating Formal Judicial System with Customary Law Arbitration
The possibility of integrating formal judicial system with customary law arbitration has been a topic
of debate among scholars and legal practitioners. The main argument in favor of integration is that it
will result in a more efficient and effective dispute resolution mechanism that is more accommodating
to cultural and social values. However, there are concerns about the compatibility of the two systems,
including issues of legal pluralism and the potential clash between Western and customary legal con-
cepts. Additionally, the lack of institutional support and resources for customary law arbitration could
hinder successful integration. Despite these challenges, some jurisdictions have successfully integrated
customary law arbitration into formal legal processes, demonstrating the potential for hybrid systems that
draw upon the strengths of both traditional and modern legal systems.

Additionally, customary law arbitration has been utilized in communities across Nigeria and has had
varying levels of success in addressing disputes. In some cases, it has provided a convenient and accessible
form of conflict resolution that respects local customs and norms. However, it has also been criticized for
perpetuating discriminatory practices against certain groups, such as women and marginalized commu-
nities, and for being subject to corruption and abuse. Furthermore, the lack of standardized procedures
and trained arbitrators has led to inconsistent outcomes and limited access to justice. As such, there is
a need to evaluate and reform customary law arbitration in Nigeria to ensure that it promotes fairness
and equality while respecting cultural traditions. This can be done through the establishment of clear
legal frameworks, training programs, and oversight mechanisms to improve the quality of arbitrators and
ensure compliance with human rights standards.

VI. Conclusion
In conclusion, customary law arbitration has played a significant role in resolving disputes in Nigeria for
centuries. Its development has been shaped by various factors, including colonialism, globalization, and
legal reforms. While its effectiveness can be limited by factors such as corruption, gender bias, and lack
of enforcement mechanisms, customary law arbitration remains a vital method of resolving disputes in
the country's rural areas where the formal justice system is often inaccessible. Therefore, it is crucial that
policymakers and legal experts work together to recognize and institutionalize customary law arbitration
and address its challenges. This will not only improve access to justice but also promote social harmony
and strengthen Nigeria's legal system.

- Recap of findings
In summary, the evaluation of customary law arbitration and its development in Nigeria has revealed a
complex and multifaceted system that is commonly used to resolve disputes in both rural and urban areas.
Despite its challenges, this system has been shown to be effective in promoting social justice, preserving
cultural traditions, and providing members of the community with access to justice. However, the research
has also highlighted the need for improvements in certain areas, such as the training and qualifications of
arbitrators, the standardization of procedures, and the incorporation of modern legal principles. Overall,
it is clear that customary law arbitration has a significant role to play in the Nigerian legal system and
will continue to be an important means of dispute resolution for many years to come.

- Final thoughts on Customary Law Arbitration in Nigeria and its development.

In conclusion, customary law arbitration in Nigeria has come a long way and has undergone considerable
development over the years. The adoption and utilization of customary law arbitration by the Nigerian
legal system has helped to promote access to justice and contributed to the resolution of disputes in various
communities. However, some challenges remain, such as the lack of uniformity in customary practices
and the need for more formal training for arbitrators. Furthermore, it is recommended that the Nigerian
government should take steps to ensure that customary law arbitration remains relevant and vibrant, given
that it serves as an essential alternative to modern legal systems. With appropriate steps taken, customary
law arbitration can continue to play a vital role in promoting access to justice and resolving disputes in
various Nigerian communities.
Bibliography
- Christian Akpotohwo. 'Materials on Nigerian Business Law.' Ababa Press, 1/1/2004

- Center for Professional Responsibility (American Bar Association). 'Model Rules of Professional
Conduct.' American Bar Association. House of Delegates, American Bar Association, 1/1/2007

- Bruno S. Sergi. 'Supporting Inclusive Growth and Sustainable Development in Africa - Volume I.'
Sustainability in Infrastructure Development, Elena G. Popkova, Springer Nature, 8/27/2020

- Bruce L. Benson. 'The Enterprise of Law.' Justice Without the State, Pacific Research Institute for
Public Policy, 1/1/1990

- MaryEllen O'Connell. 'International Dispute Settlement.' Routledge, 7/5/2017

- Therese Wilson. 'Codifying Contract Law.' International and Consumer Law Perspectives, Mary
Keyes, Routledge, 5/23/2016

- Kofie, Nelson F.. 'Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Com-
parative Analyses and Case Studies.' Comparative Analyses and Case Studies, Yin, Elijah Tukwariba,
IGI Global, 6/18/2021

- Richard Oppong. 'Private International Law in Nigeria.' Chukwuma Okoli, Bloomsbury Publishing,
6/11/2020

- Won L. Kidane. 'The Culture of International Arbitration.' Oxford University Press, 2/24/2017

- Ilias Bantekas. 'The International Criminal Court and Africa.' Charles Chernor Jalloh, Oxford Uni-
versity Press, 10/6/2017

- Pierre Mousseron. 'Customary Law Today.' Laurent Mayali, Springer, 6/21/2018

- Greg Chukwudi Nwakoby. 'The Law and Practice of Commercial Arbitration in Nigeria.' Iyke
Ventures Production, 1/1/2004

- Chukwunweike Anukenyi Ogbuabor. 'Thematic Issues in Nigerian Arbitration Law & Practice.'
Varsity Publishing CompanyLimited, 1/1/2008

- Mark Eugen Villiger. 'Customary International Law and Treaties.' A Study of Their Interactions and
Interrelations, with Special Consideration of the 1969 Vienna Convention on the Law of Treaties,
BRILL, 1/1/1985

This essay was written by Samwell AI.

https://samwell.ai