The Olisa Agbakoba Legal, OAL, Arbitration Policy Centre has urged the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to accelerate the implementation of Nigeria’s National Policy on Arbitration and Alternative Dispute Resolution, ADR 2024.
The Centre made the call in a letter dated September 22, 2026, addressed to Fagbemi, identifying five areas it said required attention if Nigeria is to strengthen its position as a preferred seat for international arbitration.
The National Policy on Arbitration and ADR, approved by the Federal Executive Council in July 2024, provides a framework for positioning Nigeria as a hub for domestic, regional and international commercial arbitration. The policy covers the 2024–2028 implementation period.
The OAL Arbitration Policy Centre, an independent policy, research and advocacy platform, said the early implementation of the policy would help strengthen Nigeria’s arbitration infrastructure and improve confidence in the country’s dispute-resolution framework.
Advisory Council, RCICAL
One of the major issues raised by the Centre was the constitution of the Advisory Council provided for under the policy.
According to the letter, Clause 19.0 envisages a five-year implementation period overseen by an Advisory Council comprising arbitration and ADR experts as well as the President of the Nigerian Bar Association.
The Centre said the Council had yet to be constituted and urged its early establishment to provide practitioner input and continuity to the implementation process.
It also offered to support the Council in any capacity considered useful by the Federal Ministry of Justice.
The Centre further called for attention to the Regional Centre for International Commercial Arbitration, Lagos, RCICAL, particularly its funding, staffing and facilities.
Clause 9.0 of the National Policy provides for Federal Government support for RCICAL in fulfilment of Nigeria’s obligations to the Asian-African Legal Consultative Organisation, AALCO.
The policy specifically contemplates funding, appropriate facilities and institutional support for the Centre.
The OAL Centre asked the Attorney-General’s office to provide an update on progress towards fulfilling the commitment.
It similarly raised the need to operationalise the National Arbitration and ADR Register contemplated by Clause 11.0 of the policy.
The register is designed to provide a national framework for information relating to arbitration and ADR practitioners and matters, and is one of the institutional mechanisms contemplated by the policy.
Foreign counsel, court timelines
Another issue highlighted by the Centre concerns the position of foreign counsel in arbitrations seated in Nigeria.
The Centre drew attention to Article 5 of the Arbitration Rules contained in the First Schedule to the Arbitration and Mediation Act, 2023.
The provision states that each party may be represented or assisted by persons chosen by it, with the names and addresses of such persons communicated to the other parties and the arbitral tribunal.
OAL said the provision should be considered alongside Sections 2(1) and 24 of the Legal Practitioners Act, which regulate the practice of law in Nigeria.
It therefore urged the Federal Government to clarify how the provisions are intended to operate together, either through an amendment to the Arbitration and Mediation Act or another appropriate mechanism.
The Centre said clarity on the issue would be useful to international parties considering Nigeria as the seat of arbitration.
It also called for greater attention to the policy’s indicative timelines for arbitration-related court proceedings.
Clause 15.0 envisages determination of such proceedings within 60 days at first instance and 270 days on appeal.
The Centre acknowledged that meeting the timelines would depend on judicial resources and case-management capacity but proposed that efforts could include designated arbitration lists or judges in busy commercial court divisions.
The National Policy itself encourages the designation of courts or judges to handle arbitration-related matters and envisages specialised approaches to improve efficiency.
The OAL Centre further urged continued adoption of the 2017 Practice Direction on arbitration.
The Federal High Court currently lists the 2017 Practice Direction on the conduct of cases relating to arbitration clauses in commercial contracts among its practice directions.
The Centre said adoption of the approach varies across the country and suggested a joint assessment with the National Judicial Council, potentially alongside judicial training contemplated by the National Policy.
The policy’s implementation is part of a broader effort to make Nigeria more competitive as an arbitration jurisdiction following the enactment of the Arbitration and Mediation Act 2023. Analysts have identified judicial efficiency, institutional capacity and arbitration infrastructure as important elements in achieving that objective.
The OAL Arbitration Policy Centre said its proposals were made in a spirit of partnership and expressed its readiness to support the Federal Ministry of Justice in implementing the policy.
