Two senior Nigerian jurists have called for the broader adoption of Alternative Dispute Resolution (ADR) mechanisms to improve access to justice, reduce court congestion, and enhance the country's business climate. Justice Helen Moronkeji Ogunwumiju of the Supreme Court and Justice Abimbola Obaseki-Adejumo of the Court of Appeal made the appeal during the induction ceremony of the Institute of Alternative Dispute Resolution Development and Conflict Management of Nigeria (iADRNIGERIA) held in Lagos over the weekend.
Benefits of ADR Over Litigation
Justice Ogunwumiju highlighted that delays, procedural complexities, and high litigation costs make ADR an essential complement to the court system. She praised ADR for its flexibility, speed, and outcome-oriented nature. Citing the Supreme Court's decision in Rivers State AG v Bayelsa State AG, she noted that the apex court emphasized dispute resolution mechanisms that preserve relationships, especially in public interest matters. She also referenced Mekwunye v. Emirates Airlines, where the court reaffirmed the binding nature of consensual dispute resolution processes.
Ogunwumiju described ADR as more than a set of techniques, calling it a philosophy that prioritizes efficiency, collaboration, and practical outcomes over prolonged confrontation. She stated that while disputes are inevitable in a growing economy, the methods used to resolve them determine whether they become obstacles or opportunities. She also noted that ADR expands the role of legal practitioners beyond courtroom advocacy to include problem-solving, negotiation, and facilitating mutually beneficial outcomes.
Impact on Appellate Courts
Justice Obaseki-Adejumo revealed that the Court of Appeal handles about 20,000 cases yearly, while the Supreme Court receives over 1,500 appeals annually but can hear only a fraction. She explained that the Appeal Court's ADR programme, established under its 2014 Practice Directions, has reduced the burden on the appellate system by encouraging settlements in suitable cases. The mediation process is conducted by trained justices, retired judges, and accredited mediators at ADR centres in Abuja, Lagos, and Port Harcourt, with a Kano centre nearing completion.
In 2023, approximately 500 appeals were resolved through the Court of Appeal ADR programme within an average of months, compared to the three to seven years often required for a full appellate process. Obaseki-Adejumo also highlighted the role of ADR in the National Industrial Court of Nigeria, where labour disputes are mandatorily referred to ADR at initial stages. She noted that employment disputes, wrongful termination claims, unpaid entitlements, and trade disagreements are particularly suited to mediation because they are relationship-based and often require solutions beyond monetary compensation.
Calls for Regulation and Cultural Shift
The Appeal Court justice called for stronger regulation of emerging ADR institutions, improved professional certification standards, and clearer procedures for recognizing and enforcing ADR outcomes through the courts. She urged a shift in public perception, encouraging Nigerians to stop viewing litigation as the default response to disputes. She also urged legal practitioners to embrace mediation and arbitration as core professional competencies and to advise clients on achieving practical outcomes rather than pursuing lengthy legal battles. Business leaders were encouraged to incorporate ADR clauses into commercial contracts and prioritize dispute resolution strategies that focus on continuity and long-term interests.
Institute's Message
Professor Akinola Ibidapo-Obe, President and Chairman of the Governing Council of iADRNIGERIA, congratulated the inductees, stating that the occasion marks a significant milestone for the Institute. He advised the new members to maintain the highest ethical standards.
