NICArb Says Nigerian Court Cases Take Up To 30 Years, Fuelling Arbitration

Businesses are seeking alternatives to lengthy court battles as arbitration offers a faster route to resolving commercial disputes in Nigeria.

The Nigerian Institute of Chartered Arbitrators (NICArb) has disclosed it has handled more than 5,000 disputes across Africa, attributing the growing patronage of arbitration partly to prolonged court proceedings, which it said could take between 20 and 30 years to reach final resolution.

The institute said arbitration and other alternative dispute resolution (ADR) mechanisms offered businesses and individuals faster and more reliable avenues for resolving commercial disputes, strengthening investor confidence and reducing pressure on conventional courts.

Chairman of the 2026 Annual Conference Planning Committee, Dapo Akinosun, SAN, disclosed this at a press conference held at the institute’s secretariat in Lekki, Lagos.

Akinosun said the growing acceptance of arbitration reflected increasing demand for timely and satisfactory dispute resolution, particularly among businesses seeking to avoid the uncertainties associated with prolonged litigation.

He said the institute’s experience in handling more than 5,000 cases across the continent demonstrated the growing relevance of alternative dispute resolution in delivering commercial justice.

“We have handled well over 5,000 cases on this continent. But beyond that, it is not just the numbers; it is the number of satisfied people that we have.

“What we have been assured is that people have come and have left here satisfied, getting justice in this institution,” he said.

Akinosun stressed, however, that arbitration and mediation were designed to complement, rather than replace, the conventional judicial system, noting that their wider adoption would also help decongest the courts.

He said these issues would feature prominently at the institute’s 2026 International Arbitration and Alternative Dispute Resolution Conference, scheduled for November 18 and 19 at the Oriental Hotel, Victoria Island, Lagos.

The conference is themed, “Reimagining Arbitration and ADR in Africa: Innovation, Integrity and Commercial Justice in a Changing World”.

Describing the theme as a call for a fundamental reassessment of existing dispute resolution mechanisms, Akinosun said the institute was seeking to address growing concerns about access to justice and encourage greater public confidence in arbitration.

“This year’s conference is not just an attractive theme. It is a call for us to rethink what we do, how we do it, and who the ends of justice are meant to serve.

“We have seen in recent times that there is a lot of unhappiness about getting justice or the way justice seems to go in this system. We are trying to explain to people why they should embrace arbitration more,” he said.

He noted that businesses were more concerned about securing fair and timely resolutions when disputes arose than about the possibility of disagreements in their commercial transactions.

“Businessmen are not worried that there will be disputes; there will always be disputes. The only thing they want to be assured of is that if there is a dispute, there is going to be a fair resolution within a reasonable time, which will ensure that they can go back to their business and relate to one another,” he said.

The conference chairman also highlighted the importance of mediation in preserving commercial relationships, explaining that the process allowed disputing parties to resolve their differences without necessarily becoming adversaries.

Unlike conventional litigation, which could leave parties antagonistic, he said mediation encouraged mutually acceptable settlements that enabled businesses to maintain existing relationships.

“It is slightly different from the traditional court in which, when you go to court, you don’t come out as friends. But mediation ensures that at the end of this dispute, you can still continue to work together,” he said.

Akinosun further said the Arbitration and Mediation Act 2023 had strengthened Nigeria’s dispute resolution framework and enhanced confidence in arbitration.

The Acting Registrar and Chief Operating Officer of NICArb, Williams Odah, also attributed the growing number of cases referred to the institute to the legislation, particularly its provisions for appointing arbitrators where parties disagree over who should preside over their disputes.

According to him, the provision has made it more difficult for a party to frustrate arbitral proceedings by withholding cooperation over the appointment of an arbitrator.

He explained that where parties to an agreement could not agree on an arbitrator, they could approach an arbitral institution to make the appointment, thereby preventing one party from unilaterally frustrating the process.

“We discovered that we are having an influx of matters because of the Arbitration and Mediation Act 2023.

“The position of the law is that if the parties to a particular agreement disagree as to who will sit over their matter, they can refer to an arbitral institution that will make an appointment. With that, it is difficult for a particular party to single-handedly frustrate the process,” he said.

Odah disclosed that the conference was expected to attract close to 6,000 participants through physical and virtual attendance, making it one of the largest arbitration gatherings in Africa.

He said participants were expected from across Nigeria, the African continent and other parts of the world.

The three-day programme will feature keynote addresses, panel discussions, a live debate competition involving finalists from a contest currently at the semi-final stage, and an essay competition designed to encourage young people to develop an interest in arbitration.

The programme will culminate on November 20 in an investiture and awards ceremony, during which between 1,000 and 2,000 newly qualified members are expected to be inducted into the institute.

The Minister of Information and National Orientation, Mohammed Idris, is expected to attend the ceremony as special guest of honour, while Professor Abiola Sanni, SAN, will deliver the keynote address.

At the main conference, former President Olusegun Obasanjo has been invited as special guest of honour, while former Vice-President Yemi Osinbajo, SAN, GCON, will deliver the keynote address.

Other speakers include the Chief Justice of the Supreme Court of Liberia, Justice Yamie Quigui Gbeisey; Professor Emilia Onyema; Justice R.N. Pemu, JCA (retd.); and the President of the Singapore International Arbitration Centre, Gloria Lim.

Also expected are Senior Advocates of Nigeria, Charles Adeyemi Candide-Johnson and Mike Igbokwe; the Vice-Chair of the Inter-Pacific Association Dispute Resolution and Arbitration Committee, Elodie Dulac; and the Director of the Regional Arbitration Centre, Lagos, Wilfred Ikatari.

The conference will also feature health screening for 100 interested participants and a cocktail reception.

President of NICArb, Omoruyi Omonuwa, SAN, said the conference was coming at a time when Africa’s expanding economic activities and cross-border investments required dependable mechanisms for resolving commercial disputes.

He said the institute remained committed to strengthening the capacity of African arbitration practitioners and positioning them to play a leading role in international dispute resolution through innovation, integrity and professional excellence.