Traditional rulers canvass for harmonisation of traditional and formal dispute resolution mechanisms

Traditional rulers in Nigeria have canvassed for the harmonisation of traditional and formal/modern dispute resolution mechanisms. They argue that the strength and effectiveness of the traditional support system, which thrives on voluntary submission and high enforcement rate if applied to modern dispute resolution mechanisms could positively shape Nigeria’s developmental outcomes.

This was the position held by the Obi of Onitsha, the Amadabo of Ada-Ama, Twon Brass in Bayelsa State and the Emir of Kano at a policy dialogue in Lagos last week. The dialogue organised by the Lagos Court of Arbitration (LCA) and the Centre for Public Policy Alternatives (CPPA) in Nigeria was themed, “Institutional Evolution: Impact on the polity and growth of the Nigerian economy.”

Speaking at the event, about the effectiveness of traditional support system for dispute settlement, the Obi Of Onitsha, Igwe Nnaemeka Alfred Ugochukwu Achebe, explained the relationship between arbitration and traditional dispute resolution institutions. He said that the arbitral role of these age-long institutions (which predates pre-colonial times), has evolved – with the political class strongly diminishing the monarchy.

He said, “We have the traditional conclusions of arbitration which are voluntary submission and acceptance of outcome. Arbitration is no doubt in accordance with traditional customs. To this end, arbitral decisions are and should be respected and arbitrators must publish these outcomes.

“In the traditional setting, the chiefs are the judges and the Obi is the final traditional judge who appeals process through the civil courts. In this setting, everything except criminal cases are discussed. However, lawyers cannot appear before traditional courts,” the Obi said.

Attempting to establish a difference between traditional and English law and institutions, he said that English law is based on a ‘winner-takes-all’ strategy, as opposed to traditional laws and institutions, where compromise is achieved, with the use of a conciliatory approach.

“The traditional system is not only faster than regular courts the system is also more cost-effective. Lessons from English Law demonstrate that court processes take more time; issues must be in writing; fees are very high and there are huge challenges with the enforcement of judgment.

“Whereas, the strength and effectiveness of the traditional support system which is voluntary submission and high enforcement rate has evolved with time. Chiefs are fairly and evenly spread; while proceedings are recorded. The traditional system is indeed recognized by the courts and even churches, and only the Political space disparages it,” Igwe Nnaemeka said.

He did not however overlook the shortfalls of the traditional system, which according to him includes the lack of training, possible bias, inconsistent judgments (in some cases), incidents of preferential treatment, corruption, and inefficiency.

His Royal Majesty thus canvassed for the harmonisation of traditional and modern/international dispute resolution mechanisms.

In his presentation, Alhaji Shehu Mohammed, an envoy of the Emir of Kano, who spoke on the topic ‘Nigeria’s economic rebound: Lessons from traditional institutions’ said that traditional institutions have been powerful for centuries; and that while this power has declined after pre-colonial era, it has nonetheless remained relevant to economic development, governance, maintenance of law and order, and the administration of justice (on the subnational level)

Citing the Kano experience, he said, “In pre-independence colonial societies; before the establishment of European systems of commerce in Kano, the emirate was perhaps the largest economy in the western Sudan and It maintained commercial and economic ties to Europe and the Near East.

“Kano was the hub of the manufacturing of textiles in the region, and it attracted investors, merchants and researchers. Colonial Kano was no less vibrant, one, which drove the creation of the modern state of Kano.

“The maintenance of peace and dispute resolution was domiciled in the local and colonial administrations. This system has been maintained over the years and despite the decline of traditional structures, executive decisions and the legislative role of the emirate has not diminished over the years, with the modern Emir serving as an ambassador of his domain to the outer world.”

Mohammed went on to say that private and commercial investments in agriculture, Fast Moving Consumer Goods (FMCGs) etc., are being driven by the emirate, with the collaboration of government, the private sector, donor agencies and civil society.

“In terms of crisis and social unrest, traditional rulers have used their influence to play versatile roles in the sustenance of peace and democratic governance. The Emir serves as an asset to the state government and industry groups in promoting entrepreneurship and the growth of the free enterprise.”

The Amadabo (Chief) of Ada-Ama, His Royal Highness, Serena Dokubo-Spiff, who was called upon to give his perspective on the ‘Relevance of community institution to Governance,” stated that good governance is a sign of a good, prospering society.

He said. “The colonial masters realized that governance would be futile without the influence of traditional leaders, hence indirect rule of the traditional rulers became more successful in the north than in the east, because of the more democratic nature of the east.”

He continued, “It succeeded somewhat in the West with its merits and demerits; government held the traditional rulers accountable, when they deemed fit the Upkeep of traditional rulers. It is important to examine the role the government plays in traditional leadership.

“Traditional institutions have been relegated to the sidelines and frequent political interference and meddling has been harmful to the credibility of traditional rulers in Nigeria. Resolving inter-ethnic conflicts and group divisions have fallen under the purview of the traditional leadership in Nigeria.

Serena-Dokubo also decried the situation where the youth in some regions are equipped with weapons by oil companies and political parties over and above the heads of traditional rulers, thereby effectively weakening the efficacy of the traditional leaders; while on the other hand, the government in collusion with oil companies have ruined the land and structure of traditional institutions.

“Excluding, minimizing the legitimacy of the traditional rulers should not be, tantamount to shooting the country in the foot,” Serena-Dokubo, who is also the Principal Partner of Chief Executive Partner, Serenity Legal Union & Partners said in closing.

All three traditional rulers at the event spoke in one accord stating that the role of traditional institutions should be revived and sustained in Nigeria.

Olasupo Shasore, SAN, The Managing Partner, Africa Law Practice and immediate past President of the Lagos Court of Arbitration, spoke on the Evolution of Nigeria’s Traditional Institutions: Relevance of Politics, governance and sustainable development.

According to him, distortions have created many problems in the country and indirect rule was an accidental process of controlling a multitude of narratives. The fall-out, he said, was the acknowledgment of role of traditional institutions.

“The Emirates system was an absolute and almost divine authority that was absent in the traditional setting of the East and the West.

“The Warrant chiefs were created in the east (artificially) as agents of tax collection with no success whatsoever; while the office of the chief exists in direct violation of the constitution. It is also a violation of the constitution to pay traditional rulers from taxpayer’s monies. This is in accordance with true and peaceful government, and after all, the chief is the true representative of the people,” Shasore said.

He further stated that traditional dispute resolution mechanisms have added a new body to the law.

“It has created a new set of precedents to a community that has denied its existence and restorative justice as part of the traditional institution from the beginning. We need to decide in which direction we want to go and challenges can be overcome by constitutionalizing these traditional authorities. The fact that these institutions have endured for so long, it is a testimony of the fact that they’re not going away,” Supo said.

On his part, Professor Melvin Ayogu, Director, Executive MBA Program & Visiting Professor of Economics, School of Business Administration, American University of Sharjah said that Informal rules must conform to formal rules; hence, states and the people have to work together to achieve results; as good governance was unattainable without the people.

Ayogu said this while speaking on ‘The Role of Institutions in Human Development and Nigeria’s Industrial Transformation.’

According to him, there is grave danger in dismantling traditional norms and institutions without knowing the reason for those norms in the first place.

“Also, traditional rulers and governments should not be a mutually exclusive idea, because one trumps the other in some cases,” he said.

Participants at the dialogue which included heads of traditional institutions, experts in Arbitration and Alternative Dispute Resolution (ADR), the academia, policy makers, the business community and the media examined the extent, to which traditional and formal institutions have impacted the modern-day Nigeria. They deliberated on the role of traditional institutions in governance and dispute resolution in the past and present Nigeria.