Democracy and Dispensation of Justice in Nigeria: between Litigation and Alternative Dispute Resolution

Abstract

The process of litigation has not only become more and more time consuming, cumbersome
with increased number of cases in courts leading to congestion and delay in their resolution
but expensive, considering the high fee lawyers charge. Endemic corruption has obscured
any iota of hope in sight for litigants and seekers of justice in Nigeria. Again, some disputes
are sensitive and confidential in nature and disputants may prefer settlement in private than
in public glare of court. Consequently, stakeholders in the temple of justice have been
exploring and considering options outside the court system as against litigation. These
clamors have birthed various Alternative Dispute Resolution (ADR) initiatives including the
Multi-Door Court House (MDCH). From the literature reviewed, notwithstanding the move
towards substantially adopting ADR as a preferred means of dispute resolution in Nigeria,
majority of disputants are either not aware of the luxury of ADR or that are skeptical about
its effectiveness. It is strongly maintained that government throw more of publicity on not
only the operation of ADR but its desirability. This will no doubt, assuage disputants, bring
sense of humanity in justice system and deepen our democratic experiment.