THE IMPERATIVE OF AN ATTITUDINAL CHANGE ABOUT THE PRACTICE OF LAW IN NIGERIA: A CRITIQUE OF THE INTERDEPENDENCE OF ADR AND THE JUDICIARY
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Date
2013
Journal Title
Journal ISSN
Volume Title
Publisher
Nnamdi Azikiwe University Awka Journal of Public and Private Law. Vol 5 2013; 233 – 244,Published by the Dept. of Public and Private Law, Faculty of Law, Nnamdi Azikiwe University, Awka, Anambra State Nigeria.
Abstract
It is generally viewed that Nigería among other African countries have greater
propensity for the practice of law, this stem from its history of colonization by the
British, as such legal practice in Nigeria is now a common place. The level at
which Nigerians value and read law either as first degree or as second degree is so
alarming that virtually in every family either nuclear or extended there is at least
one lawyer (legal practitioner). This in effect shows the natural flair for Law in
Nigeria.
However, there is a general trend in the thinking that all the legal profession
entails is the practice of law as legal practitioner who goes to court to argue cases
(litigation) and anything short of this is not generally perceived as a serious
practice of law. In effect, this has adversely affected the administration of justice.
It is contended that there is more to this in the sense that there is the need for a
change of attitude as to what the legal practice entails, and the need for a strong
connectivity between ADR and the court to achieve a change of the public
perception on the practice of law generally. An attempt is made to show that the
practice of law encapsulates practice as an ADR practitioner and as such
strengthen the consensual dispute resolution culture so that the court is not bogged
down with unnecessary litigation-ef disputes/issues that may be trashed out or
resolved through consensual methods.