An Overview of the Frontiers of Customary Arbitration under the Idoma Native Law and Customs

Abstract

Modern arbitral process seems to have lost the simplicity that arbitration enjoyed. It has become more complex, more legalistic, and more institutionalized just like litigation which it seeks to alternate. Despite 
these shortcomings, customary arbitration which predates modern arbitration with fewer technicalities seems to have been relegated to the background. The inconsistent court judgments on the validity or otherwise of customary arbitration including recognition and enforcement of customary arbitration make the problem even worse. Also, the position of the Supreme Court on customary arbitration is a sharp contrast to modern arbitration regulated by the Act1or contained in an agreement especially commercial agreement wherein once an award is made it is final, and binding and parties have no right to rescind the gentle man agreement having subscribed thereto is more challenging. This article intends to promote customary arbitration as a preferable alternative to litigation and other adjudicatory procedures in Nigeria, especially the customary arbitration being practiced under the Idoma native law and Customs. The methodology adopted in this research is doctrinal as both primary and secondary data as well as internet sources were consulted. An overview of the Customary Arbitration under the Idoma native law and customs revealed that courts in the communities where this customary arbitration is being practiced are hardly congested. And the Idoma people are more interested in settling disputes under the Idoma customary arbitral panel than before the regular courts. This article recommends that the grassroots or other communities in Nigeria should be encouraged to adopt similar method of dispute resolution to decongest the regular courts and to facilitate fast and easy access to justice.