Alternative Disputes Resolution In Nigeria
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Alternative Disputes Resolution In Nigeria
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Author : Derri, Damfebo Kieriseiye
language : en
Publisher: Malthouse Press
Release Date : 2016-04-30
Alternative Disputes Resolution In Nigeria written by Derri, Damfebo Kieriseiye and has been published by Malthouse Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-30 with Law categories.
Broad aspects of Alternative Disputes Resolution (ADR)and Arbitration are covered in this book, with emphasis on the application of ADR to specific areas. It describes in very succinct manner the meaning of ADR, analyses conflict under ADR models, their advantages over courtroom litigation and why it should be embraced. Chapter 5 is a particularly notable contribution to the body of knowledge, where the author demonstrates how it can be used to resolve matters in the heart of society, commercial and political disputes such as investment and election disputes. The book is not only a handy textbook for use by teachers and students, but should also meet the increasing needs of practising lawyers, judges, other professionals and corporate practitioners, oil and banking industries, the trades unions and state agencies concerned with mediation, conciliation and arbitration.
Alternative Dispute Resolution Adr In Nigeria
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Author : Dele Peters
language : en
Publisher:
Release Date : 2004
Alternative Dispute Resolution Adr In Nigeria written by Dele Peters and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Dispute resolution (Law) categories.
Alternative Dispute Resolution And Land And Environment Disputes In Nigeria
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Author :
language : en
Publisher:
Release Date : 2003
Alternative Dispute Resolution And Land And Environment Disputes In Nigeria written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Customary law categories.
Alternative Dispute Resolution Arbitration In Nigeria
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Author : Abdulsalam O. Ajetunmobi
language : en
Publisher:
Release Date : 2017
Alternative Dispute Resolution Arbitration In Nigeria written by Abdulsalam O. Ajetunmobi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.
Alternative Dispute Resolution In Oil And Gas Industry In Nigeria With Special Reference To The Niger Delta Crisis
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Author : Fatima Motunrayo Lawal
language : en
Publisher:
Release Date : 2014
Alternative Dispute Resolution In Oil And Gas Industry In Nigeria With Special Reference To The Niger Delta Crisis written by Fatima Motunrayo Lawal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Conflict management categories.
This study explore ways of resolving oil and gas disputes especially environmental issues such as oil spillage, gas flaring, effluent discharge etc that create environmental degradation using Alternative Dispute Resolution, ADR mechanisms. The concept of ADR has its origin in African laws, thus is not alien to African people. The study exposes the limitation in environmental litigation through the courts in the oil and gas sector in Nigeria. The limitations are as a result of numbers of factors the most significant being the over bearing influence of the multinational corporations; the enormous support they enjoyed from the Federal Government; weak statutory provisions and limitation of the common law in tackling environmental problem. The study adopted the qualitative methodology in the gathering and analysis of it data. The study examined key legislations on environment guiding the operation of the Nigerian oil industry, case laws and common law principles applicable to the environment and environmental litigation in the Nigerian context. The study also gathered data through the instrumentality of semi-structured interview and focus group discussion with community leaders, environmental activists, alternative disputes resolution practitioners and employees in selected oil multinational corporations in Nigeria. The core problem that informed this study is the examination of the problem of environmental degradation arising from the operation of the oil industry and the associated crisis of neglect, marginalization, loss of livelihood and poverty in the Niger Delta. The core objective of the research is to explore how environmental degradation associated with the operation of the Nigerian oil and gas industry in the Niger Delta has generated endemic systemic conflict and to examine the efficacy of the various initiatives taken by the Nigerian State and the oil multinationals in resolving environmental based and related conflicts in the oil producing areas. The significance of the study lies in its attempt at highlighting the importance of ADR as the most amicable, economical and speedy way of settling disputes that often arise in the course of the operational activities of the oil and gas industry in the Niger Delta. The point being that such disputes deserves to be quickly and speedily resolved via the instrumentality of ADR in order to avoid the destabilization that might arise through long drawn court litigation. The literature confirmed grave environmental devastation in the Niger Delta and the inability of adversarial litigation in ensuring environmental justice in Nigeria. The findings show that there is increasing incidence of disputes that arise out of environmental concern between communities and companies in the region. These disputes are made worse by the failing inability of the court system to deliver environmental justice to claimants in the area. This failing inability is as a result of corrupt practices, obnoxious government policies, fraudulent practices among community leaders, unruly behaviour of multinational oil companies, attempts at avoiding culpability through dubious legal means among other issues. This has hindered efforts at achieving sustainable peaceful community-companies relations. This in turn has led to confrontation between host communities and companies over the control of natural resources and sustainable use of the environment. According to findings of this study litigation has failed the people in the Niger Delta in their struggle for justice. This is also corroborated by existing literature on the issue. Hence ADR is therefore, considered as the best alternative nonadversarial methods of resolving environmental and other related disputes in the Nigerian oil and gas industry in addition to the use of faith based principle if properly implemented.
Alternative Dispute Resolution In Nigeria
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Author : Odoh Ben Uruchi
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2014-04-01
Alternative Dispute Resolution In Nigeria written by Odoh Ben Uruchi and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-01 with categories.
Alternative Dispute Resolution (ADR) is a term generally used to refer to informal dispute resolution processes in which the parties meet with professional third party who helps them resolve their dispute in a way that it is less formal and often more consensual than is done in the courts. ADR includes Dispute Resolution Processes and Techniques that act as a means for disagreeing parties to come to an agreement short of litigation. Despite historic resistance to ADR by many popular parties and advocates, ADR has gained wide-spread acceptance among both the general public and the Legal profession in recent years, especially in Nigeria. A massive programme of court modernization is underway in Nigeria, aimed at stamping out delays and corruption in the legal system.
Alternative Dispute Resolution And Peace Building In Africa
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Author : Ernest E. Uwazie
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2014-06-26
Alternative Dispute Resolution And Peace Building In Africa written by Ernest E. Uwazie and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-26 with Political Science categories.
Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.
National Industrial Court Of Nigeria Alternative Dispute Resolution Adr
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Author :
language : en
Publisher:
Release Date : 2015
National Industrial Court Of Nigeria Alternative Dispute Resolution Adr written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The Legal Framework For Alternative Dispute Resolution In Courts With Shari Ah Jurisdiction In Nigeria Malaysia And Singapore
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Author : Umar Aimhanosi Oseni
language : en
Publisher:
Release Date : 2011
The Legal Framework For Alternative Dispute Resolution In Courts With Shari Ah Jurisdiction In Nigeria Malaysia And Singapore written by Umar Aimhanosi Oseni and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Dispute resolution (Islamic law) categories.
Amicable resolution of disputes is a policy enshrined in the prime sources of Islamic law and this has been consistently practised in Muslim communities across the world since the advent of Islam. Therefore, the legal framework for ADR in Islamic law has a lot to offer in streamlining the modern practice of ADR. This study examines the legal framework for ADR in courts with Sharī'ah jurisdiction in Nigeria, Malaysia and Singapore. The major part of the study is dedicated to proposed reforms in the administration of justice system in the courts with Sharī'ah jurisdiction in Nigeria. Meanwhile, the Malaysian and Singaporean models of court-annexed ADR in the Sharī'ah court are closely studied with a view to proposing practical reforms for their Nigerian counterparts. The existing legal framework for ADR in courts with Sharī'ah jurisdiction in Nigeria is examined using qualitative legal research method. While 15 judges and other main stakeholders were interviewed, 145 Sharī'ah lawyers responded to the qualitative survey. The findings of this study reveal that the Sharī'ah Court of Appeal of two States in Nigeria (Kwara and Kogi States) have an informal dispute resolution mechanism, even though the existing legal framework setting up the court does not provide for court-annexed ADR. Over 95% of the respondents supported the proposed reforms in the administration of justice system. For the Malaysian and Singaporean aspects of the research, structured interviews were conducted. Pertaining to the practice of court-annexed ADR in the Sharī'ah courts in Malaysia, this study reveals that there is a need for more Sulh Officers in Malaysia to cater for the increasing number of cases. The Singapore Sharī'ah court should address the procedural challenges in its rules of evidence through the amendment of section 42 of the Administration of Muslim Law Act. Its decisions should not be subject to any modicum of supervision by the civil courts, as this will have some bearing on court-annexed mediation. In all, the findings of this research illustrate the adaptability of the practices in Malaysia and Singapore in the courts with Sharī'ah jurisdiction in Nigeria. The study is a significant contribution to the existing literature through the proposition of a Sharī'ah Court of Appeal (Sulh) Rules in Nigeria, which inculcates principles of amicable resolution of disputes into the formalised administration of justice system.
Situating Alternative Dispute Resolution Adr In The Political Sphere
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Author : Aminu Adamu Bello
language : en
Publisher:
Release Date : 2009
Situating Alternative Dispute Resolution Adr In The Political Sphere written by Aminu Adamu Bello and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
In over seventy-six years of election history in Nigeria, the country is yet to conduct an election that has not been contested. It does appear that the level of animosity that is exhibited during political activities is so high that most participants refuse to accept that someone must win while another loses. The culture has since evolved in Nigeria that politicians tend to assume that it was natural to win by all means and allow the other party contest the outcome at the courts. This attitude is reflected in the number of pre-election disputes that have come up and remain in litigation even after the elected and sworn party had exhausted tenure. The current Election Management Body in Nigeria, the Independent National Electoral Commission, INEC has observed that pre-election disputes seem to impact on its ability to deliver free and fair elections. It is now considering influencing political parities in the country to institutionalize Alternative Dispute Resolution (ADR) mechanisms to deal with pre-election disputes. How this may eventually work out will depend on how Nigeria politicians understand and appreciate the workings of ADR. This paper examines the available ADR mechanisms that could be deployed in the aid of pre-election political disputes in Nigeria especially given the country's volatile politics and palpable anxieties of minorities about domination by so-called political majorities.