ADR: Tackling disputes the traditional way
Access to justice and Alternative Dispute Resolution (ADR) for Nigerians was driven closer to the people when nongovernmental organization, Green Horizons organized a symposium for traditional rulers in Abuja.
The forum, which was used to mark the 10th year anniversary of the Green Horizon, had in attendance judicial officials, ADR experts, law students, and traditional rulers. It had the theme: ‘Traditional Justice System, Disputes Resolution and Access to Justice in Nigeria.’
The Director of Green Horizons, Professor Mohammed Tasiu and other experts set the ball rolling when they called for greater attention to ADR using the traditional justice system because of their closeness to the people.
Tasiu said the role of mediation and other forms of ADR can play in bringing about peace, conflict management and reconciliation among the people are very important.
The don stressed that a lot of public discussion fora have not devoted attention to promoting conflict resolution and access to justice.
“There is often a distinct lopsidedness in favour of ADR through the formal settings. Little attention is given to the non-formal settings that abound in our communities where mediation takes place dayin, day-out by community leaders, leaders of trade associations and traditional rulers,” he said.
The Chief Judge of the FCT High Court, Justice Ishaq Bello said the court during the ceremony for the 2019/2020 legal year modified the guidelines for ADR, removing the terms for plea bargaining as a sole prerogative of the prosecution. Thus, neutrals will now be involved in setting terms agreeable to the parties in the bargain.
“We ensure that every year we set aside a week called ‘Settlement Week’ and list out cases with neutrals determine on cases to be resolved in that manner,” the judge said.
Traditional method resolves 3, 600 cases in 3 months
The Sarkin Dutse, Basiru Muhammadu Sanisu narrated how the emirate resolved 3, 600 cases in three months using the ADR, the traditional way.
He said the cases were mainly civil such as family disputes, business disputes, community disputes and others.
He expressed support for the training of community leaders on skills of ADR to enable them resolve dispute and decongest the courts and prisons in the country.
“If we didn’t intervene, most of these cases would have landed in court, adding to the number of cases in the court of law, and it would save a lot of cost,” he said.
The Emir of Jiwa, FCT, Dr Idris Musa said the traditional institution has always resolved disputes on a daily basis in the country. He cited a tenancy dispute that was resolved in a day by simply talking to parties rather than pursuing it in court.
A member of Green Horizons, Aisha Audu Abdullahi said the training of traditional rulers on ADR skills is to build their capacity and enhance their skills and understanding of the new rules governing ADR.
She said with sensitization from ADR practitioners, the police have now set up help desks in all stations to try to settle disputes outside the court. She added: “Many people are involved in alternative means of settling disputes rather than the adversarial method.”
Another member of Green Horizons, Aminu Inuwa Mohammed said the cost of litigations and the challenging times in the country has made it necessary that ADR and traditional justice methods are used to resolve disputes.
“When you use the traditional justice system, you bring justice closer to the people. There are many cases everywhere. It is for people to follow ADR without going to court,” he said.