Tag: ADR

  • Court refers Lai Mohammed’s suit against Metuh to ADR

    Justice Oluwatoyin Ipaye of a Lagos High Court sitting in Ikeja on Wednesday referred the N500 million libel suit filed by the Minister of Information, Alhaji Lai Mohammed, against the Peoples Democratic Party (PDP) spokesman‎, Olisa Metuh, to mediation court.

    Justice Ipaye ordered the suit case file to be taken to the Alternative Dispute Resolution (ADR) Prompt Administrator to set the ADR in motion.

    “Now that pleadings have been closed, seven days from today please head to ADR Centre for mediation of this dispute,” Ipaye ruled.

    At the resumed hearing of the matter on Wednesday, Mr. U. A. Otahine, the counsel to Metuh, told the court that he filed two applications dated April 25, 2016.

    According to him, ‎the defence in the first application is requesting for an extension of time to file the statement of defence and originating processes.

    He said the second application is seeking an extension of time to file a counter-affidavit

    In his response, counsel to the minister urged the court to set the case for trial.

    But the trial judge declined his request and said the matter will go first for arbitration.

  • Kogi 2015: REC makes case for ADR

    Kogi 2015: REC makes case for ADR

    Ahead of the November 21 governorship election in Kogi, the state Resident Electoral Commissioner (REC), Mr. Halilu Pai has advocated the employment of Alternative Dispute Resolution (ADR).

    Speaking during a ‘Pre-Election Awareness Workshop’ Thursday in Lokoja, the REC explained that resorting to Alternative Dispute Resolution (ADR) in conflicts arising from electoral conflicts, has the uniqueness of erasing ‘bad blood’ between contending parties.

    He noted that disputes arising from electoral matters have continued to bug the system, adding that any means through which the process could be made less cumbersome is welcome.

    “The commission in its commitment towards conducting a free, fair and credible election has deemed it necessary to educate political parties and all stakeholders on the need to embrace Alternative Dispute Resolution in our political process to enable us compete in the comity of nations as a growing democracy.

    He stated, “It is my great hope and desire that we would get to embrace the whole concept of Electoral Altrrnative Dispute Resolution in our political process as an added innovation in our nascent democracy.

    “Elections in Nigeria have resulted in quite a lot of litigations, which has led to killings in some cases and bad blood in the system.

    “The long process is a drag on our system. The Electoral Alternative Dispute Resolution is an avenue that should be given the due attention that it deserves. It is a welcome development.”

     

  • Lawyers underscore importance of ADR technique in dispute resolution

    Lawyers underscore importance of ADR technique in dispute resolution

    Some lawyers in Lagos on Tuesday said the adoption of Alternative Dispute Resolution (ADR) technique in the settlement of cases would enhance speedy disposal of matters.

    The Alternative Dispute Resolution (ADR) refers to any means of settling dispute outside the courtroom and includes the use of mediation, negotiation, arbitration and conciliation.

    It is less formal, less expensive and less time consuming than a trial.

    The lawyers told the News Agency of Nigeria (NAN) that the process would help in reducing the workload of courts and facilitate justice delivery.

    A lawyer and human rights activist, Mr. Spurgeon Ataene, said the ADR technique had been in use by individuals and groups since time immemorial.

    He said that ADR was an easy means of resolving dispute in time past as compared to the present court trials.

    Ataene explained that litigation was not always a necessary option in dispute resolution, adding that ADR provided an easy means of achieving amicable settlement of issues.

    According to him, ADR options like mediation, conciliation, negotiation and arbitration were workable means of helping parties to reach settlement.

    Mr. Anthony Makolo, however, deplored the attitude of some lawyers who advised their clients to always initiate court proceedings at all cost.

    He described such practice as unethical, adding that legal practitioners had a duty to promote peaceful resolution of disputes.

    Makolo urged litigants to explore all ADR techniques in a bid to pursue amicable settlement of dispute before resorting to the court.

    In the same vein, a Lagos-based lawyer and social critic, Mr Ogedi Ogu, noted that the present rules of court in Lagos State made it mandatory for litigants in civil suits to explore ADR mechanisms.

    According to Ogu, when processes are filed in court, they are screened to determine those to be resolved by ADR.

    He described the technique as a very useful tool in the resolution of issues between parties, adding that it was cheaper and saved time.

    Ogu urged parties to access avenues such as the Lagos Multi-door Court House and explore ADR options.

  • Lawyer harps on proper ADR models

    A Lagos  lawyer,  Charles Candide-Johnson (SAN),has urged legal practitioners to develop appropriate alternative dispute resolution (ADR) mechanisms for businesses.

    Speaking on the topic, “Contracts are forever” at the maiden Lagos Court of Arbitration (LCA) Day held in Lagos, Candide-Johnson said businesses must be prepared for disputes that may arise in their transactions.

    He noted that the situation required competent individuals and institutions such as the LCA that have the requisite knowledge and facilities to ensure fast and efficient resolution of disputes while preserving business relationships. This will in turn create value for all concerned.

    Noting the growing appeal of Lagos and Nigeria to local and international investors and businesses, Candide-Johnson expressed concern on lack of adherence to business contracts in particular.

    He said this contrasted  with traditional societies where contracts were generally respected, adding that the time is ripe for the cultural milieu and tendencies of peoples to belie interpretation of contracts by dispute resolution entities to aid sanctity of contracts.

    LCA pioneer president Babajide Ogundipe who represented the incumbent president, Mr. Olasupo Shasore (SAN) gave an overview of LCA’s activities for 2012 and 2013, urging members to commit afresh to LCA’s vision of becoming the preferred arbitral/ADR centre in Africa. This was followed by a presentation of the audited accounts for the two years.

    Speaking earlier, LCA Executive Secretary/CEO Ms. Megha Joshi, , said the Annual General Meeting was in fulfillment of the LCA Law 2009, adding that the “LCA Day” was however designed to “provide an interactive platform where the LCA and ADR can be discussed effectively.”

  • CJ tasks Customary Court judges on ADR

    Customary Court judges have been urged to incorporate Alternative Dispute Resolution (ADR) mechanisms in the adjudication of cases, reports ADEBISI ONANUGA

    No fewer than 76 customary court judges in Lagos State participated  in one-day workshop organised by the Lagos State Judicial Service Commission (JSC) on alternative dispute resolution (ADR).

    It had the theme: “Traditional Dispute Resolution in Nigeria: How relevant in Modern Days?”

    Those who spoke at the workshop include the Chief Judge, Justice Oluwafunmilayo Atilade; the Attorney-General, Ade Ipaye, serving justices of the state high court and lawyers, among others.

    The two business sessions were chaired by the Head of Administration of the High Court of Lagos State, Justice Opeyemi Oke and a Commissioner of the Judicial Service Commission (JSC), Mrs. F. O. Iwajomo respectively.

    Justice Atilade, who was represented by Justice Kazeem Alogba, said what is known today as Alternative Dispute Resolution (ADR) was the traditional way of resolving disputes.

    She urged customary court judges not to lose sight of the system in the dispensation of justice.

    Atilade said the system has become relevant in the modern day as a method of ADR that is fast spreading across the world.

    The CJ urged the judges to ensure that nothing hampers the relationship between litigants.

    She preferred relationships while dispensing justice in line with the objectives of the traditional way of delivering justice.

    Justice Atilade said when disputes are resolved amicably, the parties resume thier friendship, adding that this has helped to ensure peace in the homes and society at large.    “If the society is not at peace, if the homes are not at peace, then it would snowball on to every other activity in the society.

    “That is the way you should look at your jurisdiction and your work in the society. If you take it that way, then you would appreciate your essence in your office and in the delivery of justice in the justice sector,” she said.

    Lagos Attorney-General, Mr Ade Ipaye said any mechanism that facilitates dispensation of justice will always be counted as relevant.

    Ipaye described dispute resolution as part of the culture of every people.

    “Human beings, in the attempt to live together will experience conflict and as such, the people have always devised a way to resolve conflicts, Nigeria not being an exception,” he said.

    He said it was important for the customary court judges not to lose sight of the traditional way of dispensing justice amicably and in a friendly atmosphere.

    JSC’s Executive Secretary Mrs. Ayodele Odugbesan recalled that in the past, disputes were resolved traditionally at the Oba or Baale’s palace through discussions.

    According to her, in order to regularise the processes, it became necessary to codify the customs, traditions and the proceedings through the customary courts.

    “The judges sit down, the parties also sit down to discuss, they don’t go the whole hog of trial but they always settle amicably,” she noted.

    Justice Yetunde Idowu said customary courts can no longer exercise jurisdiction on issues relating to children in view of the provisions of the Child Rights Law that confers jurisdiction solely on family courts.

    Mrs. Bolaji Daodu defined the type of ADR that operates in the customary court  and traditional systems as arbitration, mediation, reconciliation and negotiation and that they have a binding effect on the parties.

  • Lawyers seek adoption of ADR in cases

    SOME lawyers in Lagos have called on litigants to explore Alternative Dispute Resolution (ADR) options in the settlement of cases.

    The lawyers, who made the call at the weekend, said ADR would ensure speedy disposition of cases.

    ADR is a form of dispute resolution devoid of the usual technicalities of the courts.

    A Lagos-based lawyer and social critic, Mr. Spurgeon Ataene, said that ADR had been in existence since time immemorial and had been resorted to by individuals to settle thorny issues.

    He said in time past, individuals employed ADR as an easy means of settling disputes compared to the present dispensation where every litigant wants the processes filed in court.

    According to Ataene, it is unnecessary to always resort to litigation in a bid to access justice as ADR provides an easy means of achieving amicable dispute resolution.

    “There are a handful of ADR options like arbitration, mediation, negotiation and others which help parties to reach peaceful settlement, “ he said.

    He expressed dissatisfaction with the attitude of some lawyers who issue wrong legal advice to their clients, especially in matters that ought not to be filed in court.

    Ataene urged litigants to explore all the ADR options available in the resolution of disputes, adding that “not every battle is fought with a sword.”

    Another lawyer, Mr Ogedi Ogu, said that the High Court of Lagos Rules 2012 now makes it mandatory for litigants to explore ADR options in civil suits.

    He said when processes are filed in court; such processes were now being screened so as to determine those to be resolved by ADR.

    “The ADR mechanism is a very useful tool in resolving issues between parties although some litigants choose not to explore that option.”

    “It is cheaper, it saves time, and in the long run, the disputing parties are happy with the result of the technique. It is now mandatory in the rules of court that any action commenced under writ must go through the ADR process.”

    He added, “There are simple matters which ordinarily should be resolved by ADR such as landlord and tenant dispute, simple contract and land dispute. These issues do not always require litigation.”

    He urged litigants to visit ADR facilities such as the Lagos Multidoor Court House or the Citizen Mediation Centre in Lagos State to seek alternative dispute resolution options.

  • CJ urges lawyers to embrace ADR

    The Acting Chief Judge (CJ) of the Federal Capital Territory (FCT) High Court, Justice I. M. Bukar, has urged lawyers to embrace Alternative Disputes Resolution (ADR) in order to reduce litigation.

    He spoke at the inauguration of nine committees of the Nigerian Bar Association (Abuja) branch executive.

    The branch Chairman, Mr Desmond Yamah, urged the chairmen and members of the committees to discharge their duties with the fear of God and impartiality.

    Justice Bukar asked lawyers to be disciplined to enable the Judges meet the performance evaluation standards set for them by the National Judicial Council (NJC).

    Under the new regime, the judges are to grant very few injunctions and give a required number of judgments per quarter.

    He said courts were yet to get the high level of automation and computerisation that will make judges expedite justice delivery at the speed of light.

    Lawyers, he said, must first explore the ADR before coming to the court to avoid flooding the courts with frivolous suits.

    He frowned at a situation, where a counsel would come to court on a day a matter is set for judgment and be applying to amend his writ.

    He solicited the cooperation of the Bar and bench to facilitate effective and efficient justice delivery.

    He promised to attend the NBA meeting to speak on how to manage cases and embrace litigation.

    The committees, which were inaugurated, are the Welfare, Judiciary, the Legislative advocacy Working, the Editorial committee of the Unity Voice, Law Reporting, Finance, Continuing legal education committee, the Young lawyers Forum, and the Section on Business Law.

     

  • CJ urges lawyers to embrace ADR

    The Acting Chief Judge (CJ) of the Federal Capital Territory (FCT) High Court, Justice I. M. Bukar, has urged lawyers to embrace Alternative Disputes Resolution (ADR) in order to reduce litigation.

    He spoke at the inauguration of nine committees of the Nigerian Bar Association (Abuja) branch executive.

    The branch Chairman, Mr Desmond Yamah, urged the chairmen and members of the committees to discharge their duties with the fear of God and impartiality.

    Justice Bukar asked lawyers to be disciplined to enable the Judges meet the performance evaluation standards set for them by the National Judicial Council (NJC).

    Under the new regime, the judges are to grant very few injunctions and give a required number of judgments per quarter.

    He said courts were yet to get the high level of automation and computerisation that will make judges expedite justice delivery at the speed of light.

    Lawyers, he said, must first explore the ADR before coming to the court to avoid flooding the courts with frivolous suits.

    He frowned at a situation, where a counsel would come to court on a day a matter is set for judgment and be applying to amend his writ.

    He solicited the cooperation of the Bar and bench to facilitate effective and efficient justice delivery.

    He promised to attend the NBA meeting to speak on how to manage cases and embrace litigation.

    The committees, which were inaugurated, are the Welfare, Judiciary, the Legislative advocacy Working, the Editorial committee of the Unity Voice, Law Reporting, Finance, Continuing legal education committee, the Young lawyers Forum, and the Section on Business Law.

     

  • Debt recovery: NDIC dumps court for alternative dispute resolution

    Debt recovery: NDIC dumps court for alternative dispute resolution

    Weary of what it calls a cumbersome court process, the Nigeria Deposit Insurance Corporation (NDIC) is to explore alternative dispute resolution (ADR) for debt recovery, its Managing Director, Umaru Ibrahim, has said.

    The corporation, he said, discussed with judges at debt recovery conferences in Abuja, Lagos and Port Harcourt on the need to resolve bad loan cases outside the court, adding that debt recovery is a difficult task that has to be tackled with extra efforts and mutual understanding.

    “Debt recovery is a herculean task, but we are making progress. There is need to adopt alternative dispute resolution in solving pending debt issues in the banking industry. We had a conference with Judges on the need to resolve debt issues with bank customers outside the court,” he said.

    Contending that going to court was expensive and in many cases nothing came out of it.

    Ibrahim said the cumulative debt recovery for the closed commercial banks from 1994 to date, stood at N23.33 million as against N22.26 million in December 31, 2011. This is an increase of N1.074 million, representing 4.83 per cent.

    Also, cumulative debt recoveries from closed microfinance banks (MfBs) as at September 2012 stood at N41.97 million, as against N13.57 million recovered as at December 2011. That showed an increase of N28.40 million, representing 209.29 per cent as at September 30, 2012.

    He said N19.6 million had been realised from the sale of physical assets as at September 2012 from closed commercial banks. Also, N154.54 million had been realised from the sale of physical assets of closed MfBs from January to September 2012.

    About 698 MfBs and Primary Mortgage Institutions (PMIs), he said, paid N980.79 million as premium to the corporation as at September 30, 2012 as against N1,06 million collected from 765 of them same period of 2011, a decline of 8.02 per cent.

    As at September 30, 2012, 130 MfBs and 20 PMIs could not be assessed for premium collection as they failed to submit their certified deposit statements as well as call reports since December 31, 2011. He said the corporation is still prevailing on the banks to ensure that it obtains their certified deposit liabilities statements or call reports.

    He said the regulators were to issue new licences to microfinance banks that wanted to enter the market.

    According to Ibrahim, NDIC paid N6.68 billion insured deposit to 527,950 depositors of liquidated commercial banks as at September 30, 2012 as against N6.63 billion paid to 527,942 depositors as at December 31, 2011, an increase of 0.70 per cent.

    The NDIC boss said the corporation conducted a joint risk assessment examination of commercial banks with the Central Bank of Nigeria (CBN) during which the later led 11 banks while it led seven banks.

    The exercise, he said, was meant to find out the asset quality of the banks to determine provisions required, a precondition for approving their accounts for publication.

    The CBN also conducted an examination of the three banks acquired by the Asset Management Corporation of Nigeria (AMCON) namely: Mainstreet Bank Ltd, Enterprise Bank Ltd. The Keystone Bank examination was led by NDIC.

    Ibrahim said the assessment was meant to determine the regulatory compliance and financial condition of the banks in the first five months of their existence. Also, out of the 291 MfBs and PMIs assigned for examination by the NDIC, a total of 207 had been examined. The examination of the remaining 84 banks slated for this quarter is still ongoing even as the report of the 186 out of the 291 MfBs scheduled for examination in the year had been concluded and forwarded to the boards of the respective banks and NDIC management for appropriate supervisory action.

    On statutory returns, he said N61.303 billion was collected as premium for commercial banks as assessment for 2011, the Deposit Insurance Fund (DIF) stood at N415.393 billion as at September 30, 2012. This, he said, is an improvement from N354.09 billion recorded as at December 2011, an increase of N61.303 billion or 17.31 per cent.

    The NDIC boss also said a total of N2.64 billion out of the N4.67 billion insured deposits belonging to 73,000 depositors of microfinance banks in liquidation had been settled.

    He said to date, the corporation had, in addition to payout, deployed purchase and assumption and bridge bank option in resolving failures of banks in the country.

  • Lagos Settlement Week: Govt pays court charges for litigants

    Lagos Settlement Week: Govt pays court charges for litigants

    The Lagos State government has paid all court charges in relation to about 500 cases to be heard during this year’s edition of the Lagos Settlement Week, an initiative of the Lagos Multi-Door Courthouse (LMDC).

    The week, which began on Monday, will end on Friday. The week is set aside by the state’s Chief Judge for specific courts to clear backlog of cases by referring some of the cases to the LMDC for possible resolution through mediation, arbitration, neutral evaluation and any other ADR procedures.

    Director, Lagos Multi-Door Court House, Mrs. Caroline Etuk disclosed this while announcing plans for the Week. She was silent on the actual amount earmarked by the state for the programme.

    Mrs. Etuk said the decision by the state to ensure the provision free services during the week is part of measures by the government to promote the acceptance of the Alternative Dispute Resolution (ADR) mechanisms by litigants.

    She appealed to litigants and their lawyers to take advantage of the programme, during which not too contentious cases, about 500 in all, will be decided by ADR experts at designated centres and at no cost.

    She said cases slated for the week include those relating to landlord/tenant disputes, commercial and family/probate cases.

    Chairman, Nigerian Bar Association (NBA), Lagos, Taiwo Taiwo said his group has effectively mobilized its members to participate in the exercise. He noted that during the Settlement Week, no court will open for activities in the state.

    He said the week will afford willing litigants and their lawyers to ensure prompt and less acrimonious resolution of their disputes. “We are supportive of the exercise and believe it will further publicise

    not only the multi-door concept of dispute resolution, but prompt settlement of cases,” he said.

    The Coordinator of the Settlement Week, Mrs. Achere Cole expressed optimism that the organisers will surpass the level of success recorded in past three editions. She said of the 165 cases mediated on last year, 60 were settled. She expressed hope that more cases will be settled this year.

    The week is being held in conjunction with the state’s judiciary, the government and the NBA.