Recognition and Enforcement of Customary Arbitral Awards in Nigeria

Abstract

Customary arbitration is a concept founded on customary law. Customary laws are those generally accepted, primordial but dynamic rules binding on natives of a given community. They are primordial in the sense that they take their roots from ancient times; and dynamic, because they are susceptible to the vagaries of the time. They have become the mirror of the accepted usage. In Nigeria, the British met a body of these indigenous rules when they came. They chose not to throw away the baby with the bath water. The imperial regime recognised the premium, which the native placed on their customary arbitral rules. In their wisdom, they preserved those rules provided they met certain prescriptions. A custom, therefore, would be enforced where it was found not to be: Repugnant to natural justice, equity and good conscience; Incompatible, either directly or by implications, with any written law in force; and Contrary to public policy.