The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has called for a fundamental rethink of Nigeria’s dispute resolution framework, emphasizing the urgent need to shift from over-reliance on litigation to a more robust embrace of Alternative Dispute Resolution (ADR) mechanisms.
Speaking at the 2nd International Chamber of Commerce (ICC) Nigeria Arbitration Day, held under the theme “Dispute Resolution Reimagined: The Future of Arbitration and ADR,” the NBA President described the event as timely, noting that it challenges key stakeholders to reassess the sustainability of existing systems and explore a more efficient, accessible, and investor-friendly legal environment.
In his remarks, Mazi Afam Osigwe, SAN highlighted the growing inefficiencies in conventional litigation, particularly in commercial matters, and advocated for ADR as a viable, and often superior, alternative.
“While litigation remains essential in certain contexts, we must increasingly turn to ADR as a more flexible, collaborative, and time-sensitive pathway for resolving disputes,” he stated.
He further stressed the critical role of the judiciary in supporting ADR processes, warning that judicial interference and delays in enforcement of arbitral awards continue to erode confidence in the system.
“For ADR to thrive, our courts must act as facilitators—not obstacles. Delays and undue intervention undermine the purpose and effectiveness of arbitration,” he said.
Mr. President also addressed the tendency among legal practitioners to carry a “litigation mindset” into ADR and arbitration proceedings. He urged a cultural shift toward a more cooperative and less adversarial approach, tailored to the flexible nature of ADR.
“ADR is not just a quicker version of courtroom litigation. It is a different paradigm altogether—one that demands a mindset change,” he remarked.
The NBA President concluded by linking the promotion of ADR to broader economic goals, asserting that improved dispute resolution systems are key to enhancing investor confidence, ensuring legal certainty, and supporting national development.
He wished all delegates productive deliberations and reiterated the NBA’s commitment to working with stakeholders in reimagining dispute resolution in Nigeria.
The conference drew participation from leading practitioners, arbitrators, judges, business executives, and policymakers across the continent, all united in their focus on charting a modern path for arbitration and ADR in Africa.
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