AMBODE MAKES CASE FOR ALTERNATIVE CONFLICT RESOLUTION IN JUDICIAL REFORM

 

The Lagos State Governor, Mr. Akinwunmi Ambode has declared that there is the need for the adoption of Alternative Dispute Resolution (ADR) in the nation’s judicial system for effective arbitration in order for people to have access to justice and avoid long delay associated with the modern-day litigation system.

 

The Governor stated this today at the Year 2017 Annual Conference of the Chartered Institute of Arbitrators, United Kingdom, (Nigeria Branch) held at the Federal Palace Hotel, Victoria Island, Lagos.

 

Represented by his Deputy, Dr. Idiat Oluranti Adebule, Ambode noted that any judicial reform that will be effective must incorporate in it, Alternative Dispute Resolution that will give people free access to justice by providing alternative mechanism to supplement litigation in the resolution of disputes, adding that one of the parameters for measuring the level of civilization in a society, is the availability of a judicial process that ensures effective resolution of disputes.

 

The Governor noted that Lagos State had for long been in the forefront of promoting the adoption of ADR and that the state is the first to establish a Multi-Door Courthouse in Africa 15 years ago with the main objective of giving Lagosians easy   access to justice by providing alternative mechanism to supplement litigation in the resolution of disputes in the state.

 

While maintaining that the opportunity provided by ADR is increasingly being explored by citizens in the state, the Governor informed that within a period of two years 47, 918 cases were received for consideration and arbitration; 28, 444 cases were mediated and 29, 994 were resolved.

 

In his words, “As a government, we are committed to expanding Alternative Dispute Resolution opportunities through the establishment of more Citizens Mediation Centres (CMC) in the state, I have therefore approved the inauguration of Three (3) new CMC units which will bring the total to 18”.

 

Ambode hinted that Alternative Dispute Resolution (ADR) is more effective than the modern day litigation system involving courts considering its accessibility, speed, fairness and the feeling of satisfaction by all parties to dispute in its outcome, adding that delayed justice, high number of pending cases before judges, congestion of prisons among other hindrances underscore the need for a judicial reform that will place priority in alternative dispute resolution.

 

“Although the litigation system represents the modern way of dispute resolution involving the court, it has fallen short of some of these mentioned parameters, particularly in Africa. This is evidenced by the long time it takes for a case to be concluded, the high number of cases per judge, congestion of prisons mostly by suspects, awaiting trial among several other”, Ambode state.

 

While describing the theme of the conference: “Strengthening the Building Blocks of Arbitration in Africa”, as instructive and apt, the Governor pointed out that there is the need for every country to embrace alternative dispute resolution system as part of their arbitration process and method so as to enhance access and quick delivery of justice.

 

While justifying the reason why the present administration prioritized ADR, Ambode explained that the cause of justice will be better served given the factors of poverty, cultural beliefs and weak judicial system, adding that there is a global shift from litigation to Alternative Dispute Resolution as a means of resolving disputes and called on African leaders to accommodate Alternative Conflict Resolution in their judicial system.

 

Earlier in her welcome address, the Chairman, Chartered Institute of Arbitrators, Nigeria Branch, Mrs. Adedoyin  Rhodes-Vivour stated that the institute was established in 1915 to provide a membership organization for arbitrators with a view to raising the status of arbitration to the dignity of a distinct and recognized position as one of the learned professions.

 

She added that the institute with over 15,000 members across 133 countries of the world has been providing regular education and capacity building/training for arbitrators, mediators and adjudicators with a view to enhancing their professionalism in the arbitration practice.

 

Adedoyin added that the year 2017 Conference, themed:Strengthening the Building Blocks of Arbitration in Africa,was aimed at giving an insight into the challenges facing the development of arbitration in Africa including enforcement of arbitration award and the need to consider arbitration as the first best alternative before litigation.

 

In her remarks, the Chief Judge of Lagos State, Mrs. Opeyemi Oke noted that the African continent, though in a recession, is still regarded as the second fastest growing economy in the world. Along with its recent economic growth, the continent has seen an increase in commercial and investment treaty arbitrations.

 

She commended the State Government for its remarkable strides in the direction of embracing Alternative Dispute Resolution as almost all the Judges of the state have received arbitration training from the Chattered Institute of Arbitrators (CIArb).

 

While assuring of the active support of the Lagos State Judiciary and its non-interference in the arbitral process, she called for capacity building in raising arbitration profile of practitioners to world-class and ensure relevant legal reform and exponential growth in an up-to-date legislation.