Addressing the Boko Haram Insurgency in Nigeria: The Effectiveness or Otherwise for the Application of the Alternative Dispute Resolution (ADR) Techniques

Abstract

This paper reviews conflict situations in Nigeria, especially Boko Haram Insurgency, and examines response initiatives by state and non-state actors. It interrogates non-adversarial third party intervention techniques as a veritable instrument to be applied in managing the Boko Haram insurgency. Indeed, ADR techniques as broad range of mechanisms and processes designed to assist parties in resolving differences have potentials for responding to intractable conflict situations, including insurgency. These alternative mechanisms are not intended to supplant court adjudication and other conflict settlement mechanisms, but rather to supplement it. The significance of ADR is with regards to the fact that it provides an opportunity for disputants to resolve disputes creatively and effectively by finding the technique that is appropriate to the unique situation. ADR techniques have readily been used in resolving myriad of disputes that never draw the attention of the court, as well as responding to a handful of cases that were instituted in court. The range of issues are inexhaustible as they include, disputes between neighbours, large commercial cases, small claims such as employment, family, environmental, landlord-tenant, consumer, intra-institutional and large-scale public disputes, plus tort cases (including medical malpractice). At the international level, ADR techniques are used in the settlement of international and non-international armed conflicts and other international disputes as was used by Nigeria and Cameroon in the processes leading to the signing of the Green-Tree Peace Agreement on Bakassi peninsula dispute. The study analyses existing Nigerian literature on conflict, insurgency, dispute resolution and state-building process to arrived at the conclusion on the potentialities on the applicability of ADR techniques in the management of the Boko Haram insurgency in Nigeria.