User:Kissfergus/Overview of deity facilitated dispute resolution in nigeria

Kissfergus/Overview of deity facilitated dispute resolution in nigeria

I must commence this paper by asserting that the ADR methods such as; Arbitration, Mediation Conciliation and Negotiation were firmly entrenched in the old traditional African societies and were part and parcel of the peoples life though not recognized by these English names.

In Nigeria, human and people’s rights are issues of prime importance. The resolution of disputes between disputants by a third party (Man or Deity) has existed long before the law was established or courts were organized. Although the Nigerian traditional processes of dispute resolution and the Western process(European and American process) drink from the same well of purpose, they are not painted on the same historical and procedural canvas.

The dispute resolution methods known to us in Nigeria are:

1.	Peace Settlement {Mediation/ Conciliation} 2.	Traditional Arbitration. 3.	Deity - facilitated Process.

1.	Peace Settlement: Peace settlement is an attempt to settle a matter out of court so that the disputing parties can live in peace as brothers and sisters. This process is piloted by a third party who is usually older than the disputing parties.

The third party who is appointed to resolve the dispute shall then consider the facts of the dispute and submit the terms of settlement to the parties for ratification. If one of the parties does not signify his acceptance, the peace settling process will break down at this point. The success is determinant on the concurrence of both parties. A party can pull out at anytime if the settlement is unfavorable to him.

The party invited to settle the conflict shall listen to the case of the disputants and give instructions on settlement procedure. The parties are bound by the instruction of the third party. Failure to abide by those instructions may attract penalty from the immediate or extended families of the disputants.

This method is most effective in resolving disputes between persons related by blood or marriage. E.g. 	Members of the same family; 	Members from different families of the same village; 	Members of different families connected by marriage etc.

2.	Traditional Arbitration: Arbitral court in Africa is an informal means of settling disputes through communal heads and his counsel of chiefs/elders. In native customary practice, elders have their recognized traditional functions and are in fact a tribunal before which natives can bring their disputes for peaceful resolution. The traditional arbitral process has roots deep in history that survive because of what I will call an aura of historical legitimacy.

In pre colonial times before the advent of regular courts, Africans certainly had a simple and inexpensive way of adjudicating over disputes between them. They referred them to elders or body set for that purpose. The practice have over the time become embedded in the system that survive today as custom.

Disputes are referred to the elders or a body set up for that purpose. For this body to sit and adjudicate on any dispute, the disputants have to perform some traditional rites. Having performed the rights, the elder shall then fix a date to adjudicate on the dispute.

On the date fixed for resolution, all parties shall be present before the panel, stating their case and calling evidence if any. The case of the disputant shall then be considered by the panel who shall then decide on the dispute before them. Their decision is valid and enforceable.

The enforcement procedures of each community are intertwined to the customs, values and usage of each individual community. That a party did not abide with the decision of the panel is a serious offence against the community. Where a party disobeys the decision of the panel, he may be banished from the community and if such disobedience is considered to be of grievous nature, the immediate family of the disobeying disputant may also be banished.

Deity Facilitated Process: It is necessary to assume something which is necessary of itself, and has no cause of its necessity outside itself but is rather the cause of necessity in other things. And this all men call God.

The term "Deity Facilitated" here seeks to limit this write-up within that sphere which directly points to man's reliance on divine or super-human powers in the settlement of dispute. One central theme runs through African concept of man's destiny which cannot be disputed and this is that “at death, while a man passes on into another life, it is held responsible for deeds or misdeeds and it is rewarded or punished accordingly by the author of life”. Thus the saying that as a man sows so he will reap is not lost on our daily life and various performances. It is strongly believed that death does not write finis to human life. There is in man an element which is immortal, and this sense of immortality gives comfort in privation and misfortune and acts as a revenge on death.

We believe in spirits which are potent forces in human life and some of which are personified as gods. The spirits are our Deities and the forces of nature. They are the powers behind storm, rain, rivers, rocks and forests. Africans also believe that these Deities are ever-living and watchful. The ancestors are regardless as having powers which are useful to men. Deities where once human that have acquired additional powers and men seek to obtain their blessing or avert their anger by due offerings. Some of the Deities known to Nigerians are Amadioha, Ifa, Sango, Orisha, Ogun etc.

How the deity facilitated process works: this is the last dispute resolution option known to traditional Africa. Before this process is resulted to, all other processes must have been applied to no avail. It is sought to where the facts of the disputes seem irreconcilable.

When the chief priest of any of the deity is notified of an impending irreconcilable dispute by any of the disputants, he invites all the disputants and asks them if they would desire that the settlement be facilitated by a deity. He also informs them of the implication of the settlement been facilitated by the deity. If the disputants are of the opinion that it should be so settled, the chief priest will at this stage place the facts as they are before the deity. If the parties request for directives from the deity, the deity shall give directives towards settlement. The deity may further visit the party that was wrong in the transaction that led to the dispute.

Conclusion:

The active role of culture in the perception and interpretation of reality means that actions of human beings which include disputes and conflicts cannot be accurately analyzed without reference to the cultural backgrounds of the disputant. This is so because conflicts do not happen in a vacuum.

Like all incipient societies, early African society never had a human right chatter. The effect was that in the old African society, the observance of human rights in the resolution of disputes did not attract as much importance and carefulness as it now commands.

Presently, the Nigerian dispute resolution processes have grown to cover other things such as oil and gas transaction as well as international, trade and investment and even dispute in churches In my opinion, resolving a dispute permanently cannot be expected to take place without reference to the cultural values and tradition of the disputants.

Reference

chapter 4 of the Constitution of the Federal Republic of Nigeria 1999

Chapter 5 of the constitution of Ghana 1995.

S. 34 of the South African constitution 1996.

In Kwaasi V Larbi (1952) 13 W.A.C.A 76,79. The privy council said inter alia”In native customary law, Elders have their recognized judicial functions and are in fact a tribunal before which natives can bring their disputes for judicial decision”

Okporuwu V Okpokam (1988) 4 NWLR pt. 90 Pg. 554 @ 556

Mensah V Takyiampong (1940) 6 W.A.C.A 118 (The West African court of Appeal have recognized the validity of traditional arbitration)

Thomas Aquinas, Summa Contra Gentille