As the 2019/2020 legal year commenced across the country, heads of different levels of courts in Nigeria lamented the inability of serving judges in their jurisdictions to cope with large number of cases assigned to them. From magistracy to the Supreme Court bench, they spoke in unison that beyond appointment of more judicial officers to save the situation, the time has come for the appropriate authorities to take a radical step to address the issue for the purpose of facilitating speedy justice system in the country. It is against this background that a non-governmental organization— Green Horizons— organized a symposium to awaken traditional rulers on the roles they must play in assisting the judiciary to tackle the perennial problem of congestion of cases in court. KEHINDE OSASONA who was at the event reports:
Promoting the ADR initiative
At a symposium organized for traditional rulers by Green Horizons, a non-governmental organization in Abuja, with the theme; “Traditional Justice System, Dispute Resolution and Access to Justice in Nigeria, the Director of the organization, Professor Tabiu Mohammed alongside other ADR experts and legal stakeholders re-emphasized stakeholders’ role in conflict resolutions.
He highlighted the roles mediation, negotiation, conciliation, arbitration, early neutral evaluation (ENE) as well as other hybrids can play in promoting conflict resolution and access to justice.
Mohammed said, “Green Horizon organized this National Symposium to mark its 10thYear Anniversary by focusing on Alternative Disputes Resolution (ADR), which has proved to be the most effective approach to conflict management and access to justice under our legal system.
“The purpose is to call the attention of our government, development community and the public in general on the need to give more thought and investment more resources for further development of the ADR concept.
“We also stand to explore more of the roles that mediation and other forms of ADR can play in bringing about peace, conflict management and reconciliation among our people,” he said.
Worried that ADR is not being regularly raised and discussed constructively, Professor Mohammed added; “Not many public discussion forums, certainly not of this calibre, are available where the opportunities and challenges of employing ADR in promoting conflict resolution and access to justice are raised and constructively discussed,”
From the point of view of a Judge, Traditional rulers
Towing the same line, the Chief Judge of the FCT High Court, Justice Ishaq Bello observed that the court had in preparation for 2019/2020 legal year modified the guidelines for ADR, saying that the terms for plea bargaining as a sole prerogative of the prosecution could be removed.
According to Bello in setting the terms agreeable to the parties in the bargain, neutrals would now be involved.
Speaking further, the Judge said, “We ensure that every year, we set aside a week called ‘Settlement Week’ and lists out cases with neutrals determine on cases to be resolved in that matter
Also contributing, the Sarkin Dutse, Basiru Muhammadu Sanusi told the audience how his emirate employed the traditional method and used the ADR mechanism to resolve 3,600 cases in three months.
According to Sanusi, some of the cases were civil in nature and it ranges from family matters, community and business-related issues.
He nevertheless solicited the support of stakeholders in the training of community leaders and traditional institutions on ADR skills to enable them resolve disputes and then decongest prisons across the country
He added: “If we had not intervened, most of these cases would have ended up in court but the traditional method employed has helped in saving costs,”
Speaking in the same vein, the Emir of Jiwa in FCT, Alhaji Idris Musa described the traditional institution as perpetual arbiter who sees to day to day happening within their domains.
Bridging the gap of challenges
But in all of these, stakeholders believe that there are challenges that needed to be addressed.
While mediation and other forms of ADR are regularly used by all categories of dispute, resolution mechanisms from the conventional courts to the courts of our traditional rulers, there are still many issues and challenges that needed to be addressed.
But in the word of Professor Mohammed, when ADR is discussed and issues around it analyzed, opportunities and challenges identified, and solution offered, there is often a distinct lopsidedness in favor of ADR in the formal sector.
He said, “Little attention is given to the non-formal forums that abound in our communities, where mediation takes place day in, day out, such as community groups, trade associations and traditional rulers.
“In an estimate, these community leaders and traditional rulers in Nigeria are said to account for not less than 75% of the dispute settlements that take place in our communities. Green Horizon has tried to bridge the gap by expending considerable efforts in partnership with various national and international organizations, in focusing more attention on ADR as practiced by our traditional and community leaders, and promoting its development,” Mohammed explained.
As part of the challenges, cost of litigation as identified by Inuwa Mohammed has made it necessary that ADR and traditional justice methods are employed to resolve disputes.
He said, “When you use the traditional justice system, you bring justice closer to the people. There are many cases everywhere. So, it is now left for people to embrace ADR without going to court,”
Going forward
Meanwhile as advanced by Professor Mohammed at the occasion, the country needs the deployment of ADR for fence mending purpose in order to combat conflicts that have been raging and wreaking havoc for years.
Not only that, in the advancement of ADR, the development of the Abuja Multi-door Court House must be promoted in the justice system.
By so doing, the restoration of amicable relationships between disputing parties would be greatly enhanced and the Jurists Hon Justice Ishaq Bello, CJ of FCT Abuja and Honourable Justice Theresa Obot of the High Court of Aka Ibom as mentioned by the Green Horizons helmsman would continue to show the way.
