The Hague Institute for Innovation of Law (HiiL) on Thursday called for the inclusion of traditional institutions in Nigeria’s national justice system to enhance access to justice.
The institute also suggested linking traditional dispute resolution mechanisms with the formal justice sector, even if only at the customary court level.
Speaking in Abuja during the presentation of the justice needs and satisfaction report in Nigeria, HiiL’s Country Representative, Ijeoma Nwafor, recommended that decisions made by traditional rulers in disputes should be documented and archived.
Nwafor said, “We must find a way to ensure a meeting point between the informal and formal justice sectors to eradicate the problem of recurrence.
“For instance, if a traditional ruler decides a case, the decision has to be archived by the formal sector because if not, another person can revive the dispute in the absence of records.
“It will be a game changer if we can link traditional dispute resolution mechanisms with the formal sector, even if it is at the Customary Court level.
“By doing so, the Customary Court would be looked upon as the archival, the custodian of traditional resolutions, and it will make people respect traditional resolutions better and create more responsibilities for the traditional rulers.”
She said a survey by the institute revealed that citizens preferred to resolve disputes through direct negotiation or mediation rather than lengthy and complicated legal proceedings in a formal court.
Nwafor emphasized that bridging the justice gap and helping people move forward with their lives requires innovative approaches beyond the formal justice system.
She said, “To better understand what people seek when trying to resolve their legal problems, we asked people how they ideally would have gone about resolving their most serious problem.
“When asked, people say they want fair and fast solutions and to be able to express their emotions. They also prefer to resolve disputes through direct negotiation or mediation rather than lengthy and complicated legal proceedings in a formal court.
“To close the justice gap and help people move on with their lives, innovative approaches, outside the formal justice system, are therefore crucial.”
