ESPOUSAL OF ADR TECHNIQUE IN THE PROCEDURE OF THE INDEPENDENT-SHARIAH-COURTS OF SOUTH-WESTERN NIGERIA: (A PROCEDURAL NECESSITY?)

Abstract

ADR procedure should be adopted in the independent-Shariah-court of West western Nigeria. The people of the south-western rejoin of Nigeria are predominantly Muslims. The people involved in contractual relationships such assyndicated farming, business relationships, and various types of partnerships which could be carried out through Islamic law principally. However, the governing laws in the region are either the customary law or the civil law. Although, their marriages al-Munakaat’ are consummatedonthe basis of al-Malikiyah principles. Nevertheless, when there isa dispute, disagreements, or disengagement, the available forum theycan result to, is thecustomary or the civil law fora which principles are at variance with that of theShari’ah law court. Being Muslims, the people are out rightly disenchant and they clamored for the enactment of a law for the establishment of Shari’ah court in the in all south-western states, as enshrined in the Nigerian constitution, 1999, ‘there shall be for any State that requires it a Shariah court of Appeal for that State’,[1] and was adopted by the northern states. Although, there are said to be independent-Shari’ah-courts in the region. Nevertheless, the ruling and the award of the independent-Shariah-courts arenot binding, and the jurisdiction of the courts is restricted to onlyfamily matters. Additionally, the ruling of the Shari’ah courts in the South-West ismerely advisory. This paper advocates for the annexing of the ADR procedure to the procedure of the independent Shari’ah courts to resolve the non-binding and the procedural challenges, of the Independent-Shari’ah-court. The award of the ADR is binding.