NIGERIA Law and Practice Contributed by: Abubakar Anafi, Larry Nkwor, Justice Uka-Ofor and Ayomide Abiodun, G Elias
arbitral award may be enforced in the same manner as a judgment of the court. Hence, the award credi- tor may apply for the enforcement of the award by garnishee proceedings, writ of fieri facias or judgment summons. Foreign Arbitral Awards For the enforcement of an award made outside Nige- ria, the 1958 New York Convention on the Recogni- tion and Enforcement of Foreign Awards (the “New York Convention”) will apply, provided that the country where the award was made is a party to the New York Convention and any differences which arise are of a commercial nature. Where the award is from the Inter- national Centre for Settlement of Investment Disputes, the award will be enforced in Nigeria as if it were a judgment of the Supreme Court of Nigeria. 14. Outlook 14.1 Proposals for Dispute Resolution Reform There are a few proposals and initiatives in progress to further enhance Nigeria’s dispute resolution land- scape, particularly at the level of the states. Notably, the Zamfara State House of Assembly is progressing toward passing an ADR bill to provide for ADR mecha- nisms within the state. Among others, the statute will establish a dedicated ADR Centre designed to provide citizens with faster, more affordable and accessible means of resolving disputes outside traditional courts. 14.2 Growth Areas A key area of growth for commercial disputes in Nige- ria is the enhancement of ADR mechanisms, particu- larly through the recent enactment of the AMA. ADR methods have been increasingly favoured due to their efficiency, speed and less formal nature, compared to traditional court proceedings.
Among other things, the AMA introduced more pre- cise grounds for challenging an arbitral award and abolished the controversially broad ground of “error on the face of an award” as a ground for setting aside an award under the old law. Also, in July 2024, the federal government approved the National Policy on Arbitration and ADR. The pol- icy, which is non-binding, provides a comprehensive framework introducing a small claims arbitration ini- tiative and encouraging all federal ministries, depart- ments and agencies to incorporate ADR clauses in contracts, select Nigeria as the arbitration venue and seat, and establish government ADR centres. It also sets strict timelines for arbitration proceedings. These innovations serve to encourage parties to adopt ADR in settling commercial disputes. Innovations in commercial disputes have also cen- tred around the integration of technology into dispute resolution processes. The Nigerian courts and arbitral forums have increasingly adopted technology practic- es such as e-filing, electronic transcription, electronic evidence, electronic service and virtual hearings, which speed up the process and enhance accessi- bility. For example, the Supreme Court Rules, 2024 and the High Court Rules of the Federal Capital Terri- tory, 2025 demonstrate the judiciary’s commitment to embracing innovations such as e-filing, virtual hear- ings, and the use of electronic signatures.
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