THE SYNERGY BETWEEN CUSTOMARY LAW ARBITRATION AND THE RULE OF OKOJO 11 v. BONSIE (1957) 1 WLR 1223 IN RESOLVING CONFLICTS

Abstract

Customary Law Arbitration is one of the sources of arbitration law in Nigeria but is not regulated by the Arbitration and Conciliation Act of Nigeria, 2010, which concerns written agreements to arbitrate. This type of arbitration is still popular among the people in the villages and recognised by the courts. Customary Law Arbitration is an arbitration of dispute founded on voluntary submission of parties to the decision of the arbitrators who are either chiefs or elders of their communities on the agreement to be bound by such decision.[1]

Customary Law Arbitration is on African law jurisprudence and Common Law Arbitration is on English Law jurisprudence where proceedings and decisions are not normally recorded in writing.

Arbitration is consensual and basically attained by the parties on agreeing to surrender their differences to an umpire/arbitrator who would adjudicate and resolve the differences in a judicial manner in a way other than a court of competent jurisdiction. Arbitration is succinctly said to be the reference of a dispute or difference between two or more parties to be adjudicated in a judicial manner by person or persons other than a court of competent jurisdiction. Native Customary Law remains an important source of law in Nigeria. It governs mainly the matters of personal status except in the case of propositus who has elected the received English Law. Customs could be crucial in determining litigant’s case or title to a disputed land, interest in chieftaincies, and other traditional titles.