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President of the Court of Appeal, Justice Zainab Bulkachuwa
Ade Adesomoju , Abuja
The President of the Court of Appeal, Justice Zainab Bulkachuwa, Minister of Justice and Attorney General of the Federation , Mr . Abubakar Malami ( SAN ) , and one of Malami ’s predecessors, Chief Bayo Ojo ( SAN ) , have called for enhanced use of the Alternative Dispute Resolution mechanisms in the settlement of commercial disputes.
They , among others, argued that prompt resolution of business disputes through ADR would help to attract foreign direct investments into the country and would also enhance the success of the Federal Government ’s policy aimed at improving the ease of doing business in the country .
They spoke on Tuesday in Abuja at the opening session of the Biannual African Arbitration Round - table put together by the International Centre for Arbitration and Mediation, Abuja .
The event was with the theme , ‘Growing and sustaining domestic arbitration and ADR in Nigeria ’.
Other speakers at the event , including the President of the National Industrial Court , justice Babatunde Adejumo , Chairman , Senate Committee on Justice , Human Rights and Legal Services , David Umar, and Chairman , House of Representatives Committee on Justice , Razaq Atunwa , held a similar view.
Bulkachuwa said Africa had to develop its ADR capacity, including providing skilled hands to drive the process in view of the increasing number of arbitration cases involving Africans and African businesses .
She urged Africans to put behind them the era when arbitral disputes were exported to other continents for settlement .
Bulkachuwa disclosed that the Court of Appeal, under her watch , would , by the end of the year , inaugurate its ADR centres in Abuja , Lagos and two other divisions as a way of activating the provision of Order 16 of the Court of Appeal Rules 2016 .
She said under the arrangement termed , ‘Court of Appeal Arbitration Process ’, the court shall adopt the agreement reached by parties as judgment of the court at the end of the ADR process .
Malami , on his part, said the Federal Government was aware that effective dispute resolution mechanism was key to attracting investment and was willing to work with all stakeholders in the public and private sectors to ensure that disputes were resolved timeously .
“We shall also continue to collaborate with the judiciary , which has a key role to play in ensuring the overall efficacy of dispute resolution mechanisms in the country , including a ADR ,” the AGF said .
Malami commended Ojo and ICAMA for working to promote ADR practice in the country , and urged stakeholders at the gathering to dwell on how to use ADR for quick resolution of commercial and investment disputes in the country .
Ojo , who is ICAMA Chairman , said it had become imperative for African countries seeking to attract foreign direct investments to first put in place a conducive business environment , including a system for quick dispute resolution.
He expressed delight that the Federal Government was working in that direction with its current initiative on the ease of doing business .
Ojo said the ICAMA event was intended as a platform for engaging the diverse perspectives and experiences of arbitrators and other stakeholders in addressing existing challenges in prompt dispute resolution on the continent .
The former AGF, who noted that arbitration was fast becoming the preferred mechanism for oiling the wheel of economic growth , said there was the urgent need to reverse the practice where arbitral dispute were exported by evolving ways of growing and sustaining domestic arbitration in Africa .
Adejumo , in his contribution , said it was impossible for any nation to grow and attract investments where disputes were not resolved within the shortest possible time.
He attributed the slow growth of practice on the continent to lawyers ’ fear that they would earn less, but noted that the legal practitioners would actually earn more where disputes were promptly resolved and not held down in the process of litigation .
Umar, who gave the assurance that the Senate would do all within its powers to encourage arbitration practice in the country , said the upper legislative chamber was working to ensure that when passed , the bill for the amendment to the extant arbitration law will meet the expectation of all .
Atunwa , who was represented by a member of the House of Representatives , Igariwe Enwo , noted that in Nigeria , like any other African countries, the future in settling business disputes now lied in arbitration and other alternative dispute resolution mechanisms .
Other speakers included the Director , Chartered Institute of Arbitrators , London , Anthony Abrahams , and the President , Chartered Institute of Arbitrators , London , Prof . Nayla Comair -Obeid
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