Speeches

3rd Negotiation And Conflict Management Group’s African Alternative Dispute Resolution Summit

Nov 12, 2008 - Let me start this address by thanking the Board of Governors of this august body for extending an invitation thereby giving me the opportunity of participating at what promises to be an exciting and educative summit.

This summit is coming up at an auspicious time that Nigeria and indeed many countries of Africa are taking a critical look at their evolving democratic practice. Particularly apt and commendable is your choice of theme for the summit, “ELECTORAL DISPUTES IN AFRICA: THE ROLE OF THE JUDICAIRY AND ALTERNATIVE DISPUTE RESOLUTION”. Clearly, electoral disputes have become one of the most topical and significant factors determining the fate of African peoples and their quest for good governance, peaceful co-existence and progress in their respective countries.

As African countries consolidate on the gains of democratic governance which swept through the Continent like a wild fire in the 1990s, managing conflicts arising from disputed multi-party elections have become a necessity. Most of the countries are multi-ethnic and diverse. The nations as a collection of communities with identical values and shared ideals are still in transition. Invariably, the State is often seen as the focal point for the competition of various ethnic groups to capture state power. The result is the ‘ethnicisation’ of politics and the option of force to resolve disputes when groups withdraw or threaten to withdraw obedience to the State, thereby threatening its cohesion.

Key to understanding and resolving conflicts arising from electoral disputes is the electoral system. The reason is simple. Electoral system, as we have witnessed time and time again, particularly during recent elections conducted in some Central and Southern African countries, affect the outcome of any given elections as it is the final verdict on the ultimate question whether the resulting legislature and government represents the will of the voters. But if the supporting institutions and mechanisms are weak and compromised, there is bound to be conflict which makes peaceful co-existence among the ethnic components of the State difficult.

Distinguished ladies and gentlemen, although meaningful but slow progress is being made, opposition parties now win elections and form governments under multiparty politics in many African countries today. And when electoral disputes arise, some forms of conflict management are being undertaken by regional bodies, organizations and heads of governments to resolve the disputes.

But for such interventions to be effective, they must be able to inspire confidence and engender peace in the democratic space. The umpires must be impartial, distinguished, reputable, influential and role models. Without mincing words, I wish to state that the Board of Governors of the Negotiation and Conflict Management Group, the organizers of this summit in collaboration with the National Judicial Institute, is an embodiment of those redeeming qualities which an alternative dispute resolution platform must possess to perform satisfactorily. Its composition is a roll call of personalities who have not only played their role in nation building but left their indelible marks in the sands of times.

As for the role of the judiciary in resolving electoral disputes in Africa, I think we should say with some sense of modesty that our great country, Nigeria has done well in this regard and should serve as a template to the rest of Africa. Despite the clamour for speedy dispensation of justice in the electoral disputes arising from the April 2007 elections, the fact remains that when the cases are adjudicated, the parties more often than not abide by the decision, which is very significant. Reason rather than brawn is at play and by so doing the disputants see the judiciary as the last, undisputed umpire in resolving electoral disputes. Ultimately, the system is imbued with trust and the road to building a democratic culture commences seamlessly. This is indeed a welcome and healthy development in entrenching and deepening democratic ideals in our nation.

In summary, it can be said that the electoral system and the structural inadequacies are one aspect of conflict management process in an African polity. The role of actors in the system in whatever capacity as managers and arbitrators is another, far reaching factor in this process.

Once again, I wish to commend the Board of Governors of the Negotiation and Conflict Management Group and officers of the National Judicial Commission, for holding this summit and inviting an array of distinguished discussants, speakers and debaters to bring their wisdom and experience to bare on this vital issue of electoral disputes and proffer answers to questions that would inevitably arise in such a brainstorming session as this.

I thank you for listening and wish you successful deliberations.

“Eko O ni baje”

Mr. Babatunde Raji Fashola (SAN)
Governor of Lagos State