GROWTH AND ADVANCEMENT OF ARBITRATION AND OTHER FORMS OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN NIGERIA

Abstract

Settlement of dispute through the law court is referred to as litigation but there is also an alternative to litigation1. Hence, dispute resolution in Nigeria has moved a considerable distance from a system built almost entirely around litigation towards one that gives real institutional weight to Alternative Dispute Resolution (ADR).  However, many academics prefer to construe ADR as ‘Appropriate Dispute Resolution’ instead of ‘Alternative Dispute Resolution’.2 This doctrinal study examines the growth and advancement of arbitration and other ADR mechanisms in Nigeria. It traces the historical path from pre-colonial customary dispute settlement, through the reception of English law, to the recent enactment of the Arbitration and Mediation Act 2023, which repealed the decades-old Arbitration and Conciliation Act of 1988. Drawing on statutory provisions, judicial decisions and scholarly commentary, the paper assesses the institutionalisation of ADR, particularly through the Multi-Door Courthouse system now operating in a number of state jurisdictions. While the growth of ADR has helped attract foreign direct investment, eased pressure on court dockets and improved commercial efficiency, the study identifies continuing obstacles: unwarranted judicial interference in some cases, the high cost of arbitration, and the tendency of some legal practitioners to exploit procedural loopholes to delay enforcement. The paper concludes that although the legislative framework is commendable, fuller use of ADR will require a change in judicial attitude and sustained investment in building the capacity of stakeholders. Among other things, it recommends stricter judicial adherence to the principle of non-intervention and the extension of court-connected ADR to rural jurisdictions so as to widen access to justice.