Enugu, August 25, 2025 — At the Nigerian Bar Association Annual General Conference (NBA-AGC) 2025, a breakout session on “Relitigating Alternative Dispute Resolution” examined the rising trend of parties seeking to reopen arbitral awards in court, a practice that undermines arbitration’s purpose of finality, speed, and autonomy.
Delivering the lead paper, Professor Fabian Ajogwu, SAN, OFR, emphasised that arbitration is not meant to be a stepping stone to litigation but a self-contained process designed for efficient and binding outcomes. He warned that relitigation erodes confidence in ADR, clogs the courts, and frustrates the intent of the Arbitration and Mediation Act.
Citing judicial precedents, he noted that Nigerian courts have increasingly adopted a pro-arbitration posture, limiting intervention to narrow grounds. Mechanisms such as the Award Review Tribunal, he said, further guarantee checks without compromising arbitral efficiency.
The communiqué from the session recommended:
- Limiting appeals on arbitral awards to the Court of Appeal as the final judicial forum.
- Introducing mandatory bonds to discourage frivolous challenges.
- Enforcing strict ethical standards for counsel and arbitrators.
- Promoting the Award Review Tribunal as a credible internal safeguard.
The session stressed that arbitration must not be trivialised as “pre-litigation” but respected as a binding, final dispute resolution mechanism.
Panelists & Profiles
- Prof. Fabian Ajogwu, SAN, OFR (Lead Speaker): A Senior Advocate of Nigeria, professor of corporate governance, and one of Nigeria’s foremost arbitrators. Founder of Kenna Partners and a leading voice in ADR reform.
- Hon. Justice Enenche Eleojo (JCA): Justice of the Court of Appeal with a strong track record in commercial and arbitration-related matters, known for upholding the principles of fairness and judicial restraint in arbitration challenges.
- Kehinde Ogunwunmiju, SAN: Senior Advocate of Nigeria, litigation and arbitration expert, and partner at Olaniwun Ajayi LP, widely respected for his advocacy in appellate and arbitration disputes.
- Rachael Osibu, Esq: Experienced arbitration practitioner and legal adviser on commercial disputes, with extensive expertise in arbitration procedure and enforcement of awards.
- Prince Tokunbo Kayode, SAN (Moderator): Former Attorney-General and Minister of Justice of Nigeria, Senior Advocate of Nigeria, and seasoned arbitrator, bringing decades of leadership and policy experience.
- Coordinator: Aisha Ado Abdullahi: Legal practitioner and ADR advocate who coordinated the session, ensuring smooth delivery and audience engagement.
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