AGF to lawyers: 'Make Nigeria the seat of arbitration'




Lawyers across the country have been admonished to do nothing other than make Nigeria the seat of arbitration, especially where the subject of the dispute involves the country.


The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), gave the charge while delivering a keynote address at the 2022 Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb) held at the Eko Hotels and Suites, Lagos.


Speaking at the conference under the theme “The Future of Arbitration and ADR in Africa: Developments and Sustainability,” the Minister, who was represented by a Director in his Ministry, Larry Nwudu, argued that the move will not only promote arbitration practice in Nigeria but also enhance tourism and create a notable surge in foreign direct investment which would, in turn, boost the nation's economy.


Malami who promised that government would ensure the growth of arbitration by encouraging the autonomy of arbitration organisations stressed the need for a legal framework that meets international best practices.


To achieve this, according to Malami, the need to ensure the continuous training and re-training of judges, lawyers, and arbitration practitioners to enhance effective dispute resolution and administration of justice, cannot be over-emphasised. 


The SAN equally suggested the inclusion of arbitration and other forms of dispute resolution in school curricula, especially at the tertiary level, and the establishment of more arbitration institutions.


In his address captioned “Arbitration, Justice and the Rule of Law”, Justice of the Supreme Court of Nigeria, Chima Nweze, revealed that several factors are working together to elevate arbitrators to a quasi-judicial status. 


While insisting that arbitrators, like Judges, have a duty to act judicially and that this duty is not merely owed to the parties, but also owed to the public, Justice Nweze charged members of the institute to always uphold the vital standards of independence and competence throughout the country and give effect to contractual rights in accordance with substantive and procedural legal principles, thereby helping to ensure the rule of law and effective delivery of justice.


The judge suggested that it is safe to conclude that Africa has achieved reasonable strides towards becoming an investment-friendly and resolution environment with the available arbitration laws and institutions in Africa.


Justice Nweze said, "What remains is for the sincere application of these laws within the institutional framework to promote greater efficiency. 


“The role of the national courts and their disposition to support, rather than interfere in, the application of other dispute resolution mechanisms, will go a long way in promoting Africa as a destination for investment.”


Justice Nweze stressed the need for African governments to conscientiously drive infrastructural development that provides safe and efficient cities for arbitration.


In his remarks, the President and Chairman of the Council, Prof. Fabian Ajogwu, expressed optimism that there is a future for arbitration and ADR in Africa.


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