A CRITICAL ASSESSMENT OF ENFORCEMENT MECHANISM UNDER CUSTOMARY ARBITRATION PRACTICES IN NIGERIA.
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Date
2019-04-19
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FACULTY OF LAW, UNIVERSITY OF MAIDUGURI
Abstract
The article examines the existence of customary arbitration and the enforcement of its awards in Nigeria prior to the emergence of adversarial system of resolving disputes which was introduced by the British colonial administration. The aim is to discuss the historical background and the enforcement mechanism under customary arbitration practices in Nigeria. the article examines, in the constitutional and judicial contexts, the question of how the practice of customary arbitration has bee recognised in Nigeria. the article further contends that by the arrival of the British, certain conditions must be satisfied before arbitration conducted under customary law could be valid and enforceable. However, the introduction of the English legal system which is litigation centered did a lot of damage to customary system of dispute resolution. The unjustified conditions introduced which was influenced by the British doctrines for the enforcement of customary award has no basis in law and is detrimental. It is further argued that the attitude of our judges towards customary arbitration is inspired by an inherent colonial legacy which can be traced to the colonial sense of supremacy which relegates customary law to a status inferior to English law and the failure on the part of our judicial officers to creatively outgrown that legacy
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MLJ VOL 17