By BONIFACE AKARAH

The Olisa Agbakoba Legal Arbitration Policy Centre has urged the Attorney-General of the Federation and Minister of Justice, Chief Lateef Fagbemi, SAN, to accelerate the implementation of the National Policy on Arbitration and Alternative Dispute Resolution (ADR), 2024.

The call was contained In a letter dated September 22, 2026, signed by Collins Okeke for the OAL Arbitration Policy Centre and addressed to Fagbemi at the Federal Ministry of Justice in Abuja.

The Centre, whichh described itself as an independent policy, research and advocacy platform committed to making Nigeria a preferred seat for international arbitration, said it had reviewed the National Policy and identified areas requiring attention.

One of the issues raised was the constitution of the Advisory Council provided for under Clause 19.0 of the policy. The Centre noted that the council, which is expected to oversee implementation during the policy’s five-year implementation period, was yet to be constituted.

“We note that this Council is yet to be constituted,” the Centre said, adding that its early constitution would strengthen the work of the Justice Ministry and provide continuity and practitioner input.

The organisation also drew attention to the funding and operationalisation of the Regional Centre for International Commercial Arbitration, Lagos (RCICAL) and the proposed National Arbitration and ADR Register.

Under Clause 9.0 of the National Policy, the Federal Government is committed to funding, staffing and providing suitable facilities for RCICAL in fulfilment of Nigeria’s treaty obligations to the Asian-African Legal Consultative Organisation.

The Centre said It understood that the commitment was still being worked towards and asked the Justice Ministry to provide an update on progress.

It similarly said the National Arbitration and ADR Register contemplated under Clause 11.0 appeared to be at an early stage.

Another issue highlighted was the position of foreign counsel in Nigerian-seated arbitrations.

The Centre said Article 5 of the Arbitration Rules contained in the First Schedule to the Arbitration and Mediation Act 2023 allows parties to be represented by persons of their choice without restriction based on nationality or professional qualification.

However, it noted that the provision could be read alongside Sections 2(1) and 24 of the Legal Practitioners Act, which it said restrict the practice of law in Nigeria to persons whose names are on the roll of legal practitioners.

“We believe there would be value in your Office’s guidance,” the Centre told the Attorney-General, suggesting that clarification could come through an amendment to the Arbitration and Mediation Act, including Article 5 of its First Schedule, or through another appropriate mechanism.

The Centre said greater clarity on the issue would help international parties considering Nigeria as a seat of arbitration.

It also raised concerns over timelines for arbitration-related court proceedings, noting that Clause 15.0 of the National Policy sets indicative timelines of 60 days for first-instance proceedings and 270 days for appeals.

While acknowledging that meeting the timelines would depend on resources and case-management capacity within the courts, the Centre said it would welcome opportunities to support efforts to give effect to the policy.

Among the measures it suggested were designated arbitration lists or judges in busy commercial court divisions.

The final issue raised concerned continued adoption of the 2017 Practice Direction on Arbitration, which the National Policy reaffirmed.

The Centre noted that adoption of the practice direction varies across the country and proposed a joint stock-taking exercise involving the National Judicial Council, possibly alongside judicial training contemplated under Clause 18.1 of the National Policy.

“We raise these matters in a spirit of partnership,” the Centre said, assuring the Justice Ministry of its readiness to support implementation of the policy.