Sanwo-Olu, Fagbemi, and NBA President Call for Urgent Arbitration Reforms in Africa
At the 46th NICArb International Arbitration and ADR Conference held at the Civic Centre, Victoria Island, Lagos, leading voices in Nigeria’s legal and political space—Governor Babajide Sanwo-Olu of Lagos State (represented by Attorney-General Lawal Pedro, SAN), the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, and the President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN—called for urgent reforms to strengthen arbitration and alternative dispute resolution (ADR) across Africa.
They cautioned that without credible and efficient ADR frameworks, the continent risks losing billions of dollars in potential economic value. The conference theme, “Strengthening Institutional Arbitration and ADR in Africa: Charting a New Path,” underscored the need for trusted dispute resolution systems to support Africa’s growing economic integration.
Governor Sanwo-Olu, through Lawal Pedro, SAN, questioned why African disputes are frequently referred to foreign jurisdictions despite the continent’s pool of skilled arbitrators, reputable institutions, and modern facilities. He stressed that investors demand predictability, fairness, efficiency, and credibility, and argued that African disputes can and should be resolved locally. He cited Lagos State’s deliberate investment in ADR institutions such as the Lagos Court of Arbitration and the Lagos Court of Commercial Contracts, describing institutional strength as “the currency of global trust.”
Attorney-General Fagbemi described Africa as being on the brink of transformation, particularly under the African Continental Free Trade Area (AfCFTA). He acknowledged challenges such as legislative inconsistencies, neutrality concerns, limited institutional capacity, and enforcement weaknesses, but framed them as opportunities for reform.
Fagbemi announced collaboration with the National Judicial Council to introduce new practice directions aimed at streamlining arbitration-related cases, reducing delays, reinforcing party autonomy, and strengthening the finality of arbitral awards. He further disclosed plans for a National ADR Policy to harmonise standards, accredit practitioners, and promote sector-specific mechanisms in industries such as oil and gas, construction, and finance. He pledged that government ministries and agencies would adopt ADR clauses, train officers, and lead by example.
NBA President Osigwe warned that Nigeria risks losing credibility as a commercial hub unless lawyers, arbitrators, and institutions urgently strengthen decisional efficiency and reduce reliance on prolonged litigation. He lamented that arbitration is increasingly drifting from its core values of speed, affordability, and flexibility, with many practitioners adopting adversarial litigation mindsets.
He stressed that the Arbitration and Mediation Act 2023 provides a modern framework, but its success depends on responsible application. He urged lawyers to commit to ADR, retain disputes locally, and make Nigeria a destination for arbitration.
In his welcome address, Professor Fabian Ajogwu, SAN, called for a continent-wide overhaul of arbitration and ADR systems. He emphasized that Africa must build strong institutions, coherent legislation, and supportive judiciaries, warning that fragmented mechanisms and unpredictable governance continue to hamper progress. “Africa does not lack expertise; what it seeks is coherence,” he said.
The conference brought together legal experts, policymakers, and arbitrators from across Africa. It showcased progress in arbitration hubs such as Kigali, Cairo, Lagos, Nairobi, Abidjan, and Johannesburg, while stressing the urgent need for institutional cohesion to establish Africa as a credible and trusted global arbitration centre.
