Confronting Social Injustice and Disparities Through Mediation Practice In Nigeria
By Stephen Isayinka (MICMC, AUSIP)
The lower classes in Nigeria are always the ones hit hardest by the scourge of injustice plaguing the country’s democratic system. As a result of wrongdoing and corruption, many people suffer ill health. The courts, alas, are losing their status as the last bastion of protection for the average citizen.
Many Nigerians who have been wronged have been hampered by the high cost of litigation, exasperating delay in legal proceedings, and heavy workload on the court. Furthermore, one can assume that nearly 100% of the ‘losers’ in litigation were unhappy at the end, and the few who endured the rigors of litigation are often battered financially or psychologically as a result.
This has led to what appears to be a revival of Nigeria’s judicial system. The practice of mediation is growing in popularity in civilized communities as more and more people come to realize that courtroom litigation is not always necessary to resolve disputes. It is important to remember that many Africans have lost faith in the ability of their countries’ courts to resolve disputes in a timely or fair manner. According to a poll conducted in Liberia in 2009, only 3% of criminal and civil cases actually make it to trial. More than 40% tried to resolve their issues using non-formal channels. While 55% of people didn’t attend any forum. This category includes incidents in which plaintiffs tried to enforce their own version of justice, sometimes with deadly results. It is especially important for disputes to be resolved quickly in postconflict and fragile contexts, where societal tensions are already high and justice systems are often dysfunctional. Localized disputes or crimes can escalate into wider conflict if there aren’t quick, easy-to-use, low-cost, and reliable ways to settle them. Cultures of violence and vigilante justice flourish as a result of this.
For instance, after months of complaints that village-hired armed watchmen harassed villagers, beat them with ropes, extorted money, and sexually assaulted some young girls, in May 2006, approximately one hundred organized, angry youth confronted the watchmen. A watchman opened fire, killing one of the teens during the ensuing confrontation. The police reacted by apprehending several more young men. Fears of retaliatory violence were stoked as the community’s sense of injustice was compounded. Respect for village authorities and elders plummeted among youth, further weakening social stability, as the leadership was seen as siding with the watchmen to cover up their complicity in the affair. At the same time, the incident exacerbated a community chieftaincy dispute that had been going on for ten years and was currently before the courts.
What then is justice? It is a complex phenomenon that symbolizes fairness. The term ‘Justice’ is like ‘beauty in the eyes of the beholder.’ This highlights the fact that justice means different things to different people. It is expedient to note that Mediation, an ancient strategy for the administration of justice and a modern form of alternative dispute resolution (ADR) have been a viable mechanism in resolving commercial, civil and family disputes within the shortest possible period when compared with litigation and arbitration.
Solving today’s tough problems depends upon finding better ways of handling conflict. The party-driven nature of arriving at a resolution is what endorses mediation as a ‘just legal process.’ No wonder at the end people feel as though it has been a just process even though the outcome might not be what they wanted.
The promotion of justice amongst conflicting entities is evident in the two major aspects of mediation which includes; the private mediation sector and Public/court-annexed mediation. Private mediation involves the parties seeking the service of an independent third party expert who offers his or her services on a commercial/voluntary basis. Famous examples of Private Mediators in Nigeria is the Brekete Family, a reality radio and television programme focused on human rights advocacy for the rights of the oppressed and marginalized citizens in Nigeria. It was founded by ‘Ordinary’ Ahmed Isa. The Brekete Family has advocated justice by resolving many complicated societal matters, including broken marriages, families, warring societal groups and conflict between individual Nigerian citizens/organizations and federal, state, and local governments and their agencies.
Another powerful mediator that agitates for justice in Nigeria is Hajiya Hamsatu Allamin popularly referred to as “the woman that speaks with Boko Haram.” She is a mother of eight children and the winner of the 2016 ’Joan B. Kroc Institute for Peace and Justices (IPJ) Women Peacemakers. Other private experts in the field include Mr Segun Ogunyanwo, Prof. Demola Akinyoade and many others. Public/court-annexed mediation comprehends the utilization of Mediation Centers set up by the government, where disputing parties can request for expert mediators for the conduct of mediation proceedings. Such centers also support the training of mediators.
In Lagos, for instance, the Citizens’ Mediation Centre (CMC) provides a forum for the mediation and settlement of disputes between parties who voluntary agree to mediation. This Public mediation is in line with Section 24 of the High Court Laws of Lagos State which provides that, ‘in any action in the High Court, the courts may promote reconciliation among the parties thereto and encourage and facilitate the amicable settlement thereof. Mr Segun Ogunyanwo, the Vice President of the Institute for Chartered Mediators and Conciliators (ICMC) identified that only seven states have mediation centers in Nigeria and this is unimpressive.
Therefore, more infrastructures that promote peace and justice are necessary for their full flourishing if justice is to be fully realized. Conflicts are less likely to escalate into acts of jungle justice when people know there is a safe space where they can go to air their grievances and be heard by someone who will work with them to find common ground.
In conclusion, establishing more Mediation centers and training local stakeholders in Alternative Dispute Resolution (ADR) techniques will go a long way toward maintaining justice by discouraging individuals from seeking out self-help or resorting to lawlessness.
