The competency of Children to Testify in Nigeria: A Need for Law Reform

The impacts of the Coronavirus disease otherwise known as the Covid-19 pandemic on the human race cannot be overemphasised. The outbreak of the Covid-19 pandemic has not only led to a paradigm shift from the old order to a new norm but also increased the deployment of Information and Communication Technology (ICT) to almost all spheres of human endeavour, including the administration of justice and Alternative Dispute Resolution (ADR) mechanisms. Most of the measures adopted by stakeholders to fight the scourge otherwise referred to as Covid-19, protocols such as social distancing, restriction of movements, restriction of physical gatherings, travel bans and total lockdown among others, stall dispute resolution proceedings thereby affecting access to justice. Hence, Online Dispute Resolution (ODR) was adopted and applied in many jurisdictions to complement, strengthen and serve as an alternative to the conventional litigation and ADR mechanisms during the Covid-19 pandemic. Although ODR existed before the outbreak of the Covid-19 pandemic as a dispute resolution mechanism, it was not as pronounced and widely utilised as it has been during and after the Covid-19 pandemic in Nigeria. This article adopts the doctrinal methodology and the qualitative approach to examine the significance and benefits of ADR and ODR mechanisms in the resolution of disputes, the effects of the Covid-19 pandemic on the world order and the administration of justice and dispute resolution mechanisms in Nigeria as well as the legal and technological responses to it. The article finds that prior to the outbreak of the Covid-19 pandemic, the existing legal framework for dispute resolution in Nigeria did not make any clear and express provisions for the use of ODR, and argues that the outbreak of the Covid-19 pandemic and advancement in ICT necessitated the application of ODR to complement and serve as an alternative to ADR mechanisms and litigation. The article concludes by suggesting legal and policy reforms for the effective application and operation of ODR in Nigeria.