TABLE OF CONTENT

Title Page———i

Certification——–ii

Dedication———iii

Acknowledgement——-iv

Abstract ———vi

Table of Content——–vii

Chapter One

1.0 Introduction ——-1

1.1 Statement of Problem——4

1.2 Purpose of the Study——5

1.3 Significance of Study——8

1.4 Limitation——–9

1.5 Scope of Study——-11

Chapter Two

2.0 Review of Related Literature —-12

2.6 Summary of Literature Review—- 19

Chapter Three

3.0 Research Methodology and Procedure—22

3.1 Population ——–22

3.2 Sample and Sampling Technique—-22

3.3 Validation of the Instrument —-23

3.4 Reliability of the Instrument —–23

3.5 Data Analysis——-23

Chapter Four

4.0 Presentation and Discussion of Result—24

4.1 Analysis and interpretaion of Data—25

4.2 Discussion of Results——38

Chapter Five

5.0 Summary, Conclusion and Recommendation –40

5.1 Summary——–40

5.2 Conclusion——–41

5.3 Recommendation——42

References ———45

Appendix 1——–47

Appendix ———50

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Appraisal of Customary Law Arbitration in Nigeria

Abstract

The geographical entity now known as and called Nigeria was formally occupied by about 250 independent nations before the advent of the Europeans into the West Coast of Africa. These nations had their distinct customs and laws, which they brought on board Nigeria.  These customs and laws differ from place to place. Customary law arbitration was and still remains a widely accepted option for settling disputes, particularly amongst people occupying the former Eastern Nigeria, now popularly referred to as South East Geo-political Zone of Nigeria.

Comprehensive Analysis of Customary Law Arbitration in Nigeria

This method of adjudication is governed by the Nigerian customary law. It  is endorsed by the Constitution of the Federal Republic of Nigeria 1999, Cap. C23 Laws of the Federation of Nigeria 2004 (as amended), and recognized by the courts. Thus, it is neither regulated by common law principles on arbitration that are applicable to Nigeria nor by the Arbitration and Conciliation Act, Cap. A18 LFN 2004, which is, the basic legal framework regulating written agreements to arbitrate in Nigeria. The unique characteristics of customary law arbitration in Nigeria are that agreements to arbitrate are usually oral in nature, and customary law arbitral proceedings and awards are not normally recorded in writing. The communities that recognize and use customary law arbitration for settling disputes resort to it because it is inexpensive, expeditious, culturally acceptable to them, relevant and suitable for their situations in lives. Also, it helps to reduce pressure on the court system of adjudication. This invaluable method of adjudication is, however, facing serious threats to its development and sustainability. Bearing in mind that indigenous customary law, which is the bedrock of customary law arbitration in Nigeria as opposed to Islamic law, is lex non scripta in nature, imprecise, and differs from place to place, this is not surprising. Regrettably, adequate attention has not been devoted to the study and development of customary law arbitration and its importance in dispute resolution by previous researchers and government, and this has continued to create lacuna in the study and development of the law and practice of arbitration as an Alternative Dispute Resolution (ADR) mechanism in Nigeria. This  study, therefore, sets out to fill this knowledge gap. The main objective for this  study  is to examine the law and practice of customary law  arbitration in Nigeria with a view to determining its  adequacy or otherwise as an ADR mechanism. Correspondingly, the specific objectives for the study are: (i) To ascertain the issues that militate against the development of customary law arbitration in Nigeria, and (ii) To consider whether education can be used to adequately address the issues. Historical, analytical and comparative research approaches will be adapted in this study and relevant data for the study will come from primary and secondary sources. The former came from case law, statutes, as well as unstructured interviews based on proportionate stratified random sampling targeted at traditional rulers, elders of various communities and natives who are knowledgeable in the area of  indigenous  customary  law and practices while historical records, anthropological reports, scholarly articles, text books, and useful resources from the Internet will constitute the latter source.

CHAPTER ONE: GEN ERAL INTRODUCTION 1
Background of the Study 1
Types of Arbitration 3
Universal Nature of Arbitration 3
Arbitration in the Light of Christianity 4
Arbitration in the Light of Islam 6
General Historical Evolution of Arbitration 9
Nigerian Historical Evolution of Customary Law Arbitration 12
Statement of Problem 17
Literature Review 19
The Law of Arbitration in Nigeria 19
The Validity of an Award under Customary Law Arbitration: Nwosu v. 23

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ABRSTRACT

 

This thesis entitled, ” An appraisal of the tort of medical negligence in Nigeria. In Nigeria, there is very little awareness that medical professional duties carry legal implications. The conduct of professional people in the medical field, positive or negative, does not only affect their employers but impact directly on third parties. Consequently, liability will arise both against the employer and the  employee  professional, in the event of a broach of duty by the  latter  to  act with reasonable care  and deligence. The Law is therefore, well settled that medical men owe duty in tort, i.e. civil wrongs to their patiens whether there is a contract with the patient or not. Unfortunately, this aspect of the laws is not properly exploite in Nigeria especially in the Northern part, due to low level of awareness and cultural norms in which every mishap is attributed to God’s will. Secondly, the cost of litigation is high  and  even with  the undeveloped Legal Aid System in Nigeria, not everybody is eligible for legal aid. And lastly, doctor – patient relationship evidence has shown that family doctors are less likely  to be sued as theey are more likely to have relationship of trust with their patients. Nevertheless, the law of medical malpractice has come to stay in Nigeria even though litigation is on small scale. Victims of medical malpractices have brought actions against medical practitioners in Negligence, criminal law, and in trespass in Nigerian Courts, especially in southern Nigeria. This work starts with an introductory chapter which discusses the objectives of    the thesis, its sccpe, the method by which the research is conducted and the organizational Layout of the thesis. Secondly negligence is discussed as the basis of liability of medial practitioners. Under this, the nature of negligence of medical practitioners is discussed and some instances of civil medical malpractice analysed properly. And finally the liabilities  of quacks and native doctors are also ciscussed. Thirdly trespass and criminal liability of medical practitioners, as well as the liability of hospital managements, are discussed. Fourthly the defences and remedies to tortious liability of medical practitioners, in Nigeria are examined. And finally, we  have the summary (Conclusion) and Suggestions for reforms in  the area of medical malpractice law, especially the tortuous aspect in Nigeria.Download Full Material-N5000