An Overview of the Customary Disputes Resolution in Africa, O/inya, Christopher Ikenna

Abstract

Before the introduction of Western style of dispute resolution, the pivotal role played by chiefs, elders, family heads, age grades, and sometimes, diviners/traditional priestsamongst othersin resolving conflicts andensuring restoration ofstrained relationships in their environment cannot be overemphasized. The use of customary arbitration in the settlement of disputes by the indigenous people of Africa dated back to the history of the culture of such community which was usually practiced in accordance with the customs of such given society concerned with the sole aim of retaining the goodwill between the parties and harmony in the community.This system of dispute resolution had been in operation in the several communities that makes up the present geo-political expression called Nigeria in particular and the entirety of Africa continent in general before the advent of the colonial administration that introduced their foreign legal system on their colonised territory. Suffice to say that the introduction of the foreign legal system did not completely erase the potency of customary arbitration in the settlement of communal differences in the various African States. This paper therefore examines the mechanism for conflict resolution in traditional African societies before, during and after colonialism. It explores the constitutionality of customary arbitral process and recent dimension in the development of alternative disputes resolution (ADR) mechanism in Africa. Presently, the legal and institutional framework for customary dispute resolution and their impacts in reshaping the conduct of arbitral proceedings has taken a formidable shape in Africa through various judicial interpretations which have shown without equivocation that customary arbitral process has become well-rooted in annals of legal system in Africa.