THE ROLE OF TRIBUNALS AND DISPUTE RESOLUTION CENTRES IN THE ADMINISTRATION OF JUSTICE IN NIGERIA
THE ROLE OF TRIBUNALS AND DISPUTE RESOLUTION CENTRES IN THE ADMINISTRATION OF JUSTICE IN NIGERIA
No Thumbnail Available
Date
2012-04
Authors
MUKHTAR, Hussein
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
The judicial powers of the Federation and of States are vested in courts
established by section 6 of the Constitution of the Federal Republic of Nigeria
1999 (as amended) and other courts established for the Federation by an Act
of the National Assembly or in case of states, law made by the relevant State
House of Assembly. The judicial powers gradually, due influx and consequential
protraction of cases, had to be shared with emerging tribunals established for
particular purposes. This development consequently brought about a dual
parallel system of adjudicating institutions operating side by side.
Multiplicity and increase in litigations which generated into incessant
undue protraction of cases in courts has posed an imminent threat to
breakdown of law and order that may ultimately lead to anarchy in the society.
Under this compelling situation, an alternative means to decongest the courts
became absolutely inevitable. Nigeria resorted to, inter alia, benchmarking the
British experience to establish tribunals to handle some specific cases requiring
more expeditious determination like election petitions, breach of code of
conduct by public office holders, capital market cases, etc.
Election tribunals stand unique in the administration of justice in Nigeria.
Both the Constitution of the Federal Republic of Nigeria (as amended) and the
successive Electoral Acts 2002, 2006 and 2010 have all provided for a fast
tracking procedure to ensure prompt disposal of election petitions and appeals
due to their sui generis nature. A thorough appraisal of election cases has been
done right from first instance tribunals to appellate tribunals.
The time-honoured tradition of the Nigerian people of dispute
resolution also enjoys formal patronage by establishing dispute resolution
centres like the Lagos Multi-door Court House and the Abuja Multi-door Court
House by the Negotiation and Conflict Management Group (NCMG), etc. All
hands have, since the formal establishment of various resolution centres, been
on deck to resolve most disputes by providing the much needed prompt, easy
and friendly resolution of disputes. The various aspects of alternative dispute
resolution have been examined and the several advantages of the alternative
system of administration of justice identified. The problems and difficulties
that cause hiccups have been discussed and solutions proffered.
The common problem running through the operation of every tribunal is
delay in the trial proceedings. This work aims principally at evolving ways of
minimising delays in disposal of cases in tribunals and dispute resolution
centres and at the same time enhancing the quality of adjudication as a tool
for decongesting the courts in order to promote peaceful and more
harmonious co-existence amongst the Nigerian people.
ix
TABLE OF CONTENTS
TITLE PAGE …………………………………………………………………………………………………… i
DECLARATION ……………………………………………………………………………………………… ii
CERTIFICATION ……………………………………………………………………………………………. iii
ACKNOWLEDGEMENT ……………………………………………………….………………….... iv--vi
DEDICATION …………………………………………………………………………………………......…vii
ABSTRACT ……………………………………………………………………….....……….…..………… viii
TABLE OF CONTENTS
Description
A DISSERTATION SUBMITTED TO THE SCHOOL OF
POSTGRADUATE STUDIES, AHMADU BELLO UNIVERSITY,
ZARIA, IN PARTIAL FULFILMENT OF THE REQUIREMENTS OF
DOCTOR OF PHILOSOPHY IN LAW - PhD
DEPARTMENT OF PUBLIC LAW, FACULTY OF LAW, ABU, ZARIA
APRIL, 2012
Keywords
ROLE, TRIBUNALS, DISPUTE RESOLUTION, CENTRES, ADMINISTRATION, JUSTICE