The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has called for a comprehensive rethink of Nigeria’s dispute resolution framework, urging a decisive shift from over-reliance on litigation to the adoption of more effective Alternative Dispute Resolution (ADR) mechanisms.
Speaking at the 2nd edition of the International Chamber of Commerce (ICC) Nigeria Arbitration Day, held under the theme “Dispute Resolution Reimagined: The Future of Arbitration and ADR,” Osigwe described the event as a timely intervention. He said it offers a critical opportunity for stakeholders to reflect on the sustainability of current legal processes and envision a more efficient, accessible, and investor-friendly dispute resolution ecosystem.
Highlighting the growing inefficiencies in conventional litigation-particularly in commercial matters-the NBA President advocated for ADR as a viable and often superior alternative.
“While litigation remains indispensable in certain circumstances, we must increasingly turn to ADR as a more flexible, collaborative, and time-sensitive pathway for resolving disputes,” he said.
Osigwe further underscored the judiciary’s vital role in enabling the growth of ADR, warning that judicial interference and delays in enforcing arbitral awards continue to undermine the system’s credibility.
“For ADR to thrive, our courts must act as facilitators-not obstacles. Delays and undue intervention erode confidence and defeat the very purpose of arbitration,” he cautioned.
He also addressed the tendency of legal practitioners to carry a “litigation mindset” into arbitration proceedings, calling for a cultural shift towards a more cooperative and less adversarial practice that reflects the distinct nature of ADR.
“ADR is not simply a faster version of litigation- it is an entirely different paradigm. It requires a mindset shift and new approaches rooted in collaboration, flexibility, and fairness,” he added.
Linking effective dispute resolution to economic growth, Osigwe emphasized that improving the integrity and efficiency of Nigeria’s ADR landscape is critical to attracting foreign investment, ensuring legal certainty, and advancing national development.
He reiterated the NBA’s commitment to partnering with relevant stakeholders in reimagining the dispute resolution system in Nigeria and wished delegates a successful and impactful conference.
The high-level gathering drew participation from leading arbitrators, judges, corporate executives, policymakers, and dispute resolution experts from across Africa, all focused on charting a progressive course for arbitration and ADR on the continent.
