ACCESS TO JUSTICE IN NIGERIAN ELECTRICITY SUPPLY INDUSTRY: TOWARDS ANEW JURISPRUDENCE IN DISPUTES RESOLUTION FRAMEWORK

Abstract

Arbitration is pivotal inpromoting Lord Wolfs framework of access to justice m commercial disputes resolution. Disputes remain intractable in the Nigerian Electricity Supply Industry (NESI) due to NESI's complexity and proclivity for non-compliance with regulations.Previous studies on NESI disputes focused on lawsuits which often do not guarantee access to justice, compared toother alternatives.This paper, therefore, was designed to examine arbitration and access to justice in the NESI.The study explores the arbitration process's ability to resolve complex procedures such aselectricity disputes, streamline technicalities, and reduce the burden on traditional judicial system. The descriptive design was used involvingtwo-stage sampling. Two states from each ofNigeria's six geopolitical zones (Abia andAnambra; Edo and Rivers; Lagos and Oyo; Kwara and Nasarawa; Bauchi and Gombe; and Kano and Jigawa) were selected. A total of2,036 respondents were purposively selected based on willingness to participate and assumed understanding of the subject.Dataobtained through a structured questionnaire were content-analysedusing descriptive statistics.Most respondents (70.6%) rated arbitration as effectivedispute resolution option. Majority (76.5%) viewed arbitration as satisfying Lord Woolf s access to justice criteria except cost, which could be addressed using State's aid (82.6%).Specifically, electricity-operators (75.2%), lawyers (67.6%), mediators (62.8%), consumers (62.2%), arbitrators (62%), lawmakers (55.3%) and judges (50.9%) agreed that arbitration is expensive