FROM BOTSWANA TO NIGERIA: A COMPARATIVE ANALYSIS OF THE LEGAL STATUS OF NON-TRIBESMEN AND NON-NATIVES UNDER CUSTOMARY ARBITRATION IN BOTSWANA AND NIGERIA

Abstract

Human existence and living is bedeviled with disputes ranging from less-serious disputes to serious disputes.1 However, the existence of dispute(s) is not issue for concerns but the need to resolve same. Dispute resolution mechanisms2 had been devised to solve human disputes. The challenges that litigation posits further increased the use arbitration and other alternative dispute resolution (ADR) processes. These challenges serve as major catalyst that brought about the upsurge practice of the customary arbitration globally and Africa specifically.3 This paper therefore attempts to examine a comparative analysis of the legal status of non-tribesmen and non-natives under customary arbitration in Botswana and Nigeria respectively. The paper also examines the legality of customary arbitral award in Nigeria and Botswana. The paper shows that nontribesmen and non-natives of Nigeria have capacity to enter into a valid customary arbitration in Botswana and Nigeria; respectively and same is binding and final. Finally, it submits that non-tribesmen of Botswana and non-natives of Nigeria should not and cannot be compelled into a customary arbitration in both jurisdictions.