Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun
ABUJA— The Chief Justice of Nigeria (CJN) Justice Kudirat Kekere-Ekun has called for the use of structured Alternative Dispute Resolution (ADR) mechanisms to strengthen commercial justice across Africa.
She argued that effective utilization of ADR would help to protect the business environment and support the Africa Continental Free Trade Area (AfCFTA).
The CJN, who spoke at the 3rd Africa Chief Justices’ ADR Summit held in Nairobi, Kenya, further stressed that commercial confidence depends largely on legal certainty.
In her presentation as Co-Chair of the Session on Financial Sector Disputes, Tax Certainty and ADR: Building Commercial Confidence in Africa, Justice Kekere-Ekun implored judiciaries across the continent to proactively prepare for emerging challenges to dispute resolution.
According to her, the AfCFTA represents one of the most ambitious economic integration projects in modern history.
However, she warned that the success of AfCFTA would depend not only on trade protocols, tariff reductions and economic policies, but equally on the strength and reliability of the institutions that support commerce.
Besides, she urged other Chief Justices in Africa to examine how judiciaries on the continent, central banks, tax administrations and ADR institutions could work together to reduce uncertainty, prevent disputes, strengthen investor confidence and support the realization of AfCFTA’s objectives.
Justice Kekere-Ekun emphasized the importance of a proactive judiciary to the success of AfCFTA.
She envisaged that the growth of intra-African trade would inevitably generate cross-border tax disputes; foreign exchange disputes; banking and payment system disputes; digital commerce disputes; enforcement of arbitral awards; recognition of foreign judgments; and disputes arising from regional supply chains.
“African judiciaries must proactively prepare for these emerging realities,” she added.
She challenged African judicial leaders on the importance of dispute-prevention mechanisms, contending that modern commercial justice must move beyond the traditional focus on dispute resolution after conflicts arise.
“The most successful commercial systems are not those that generate the highest volumes of litigation but those that reduce the need for litigation,” she stated.
While stressing the importance of ADR, the CJN cautioned against deploying it as a mere alternative procedure. She argued that ADR should rather be considered a strategic tool for reducing transaction costs, preserving commercial relationships, enhancing investor confidence, reducing court congestion, improving ease of doing business and strengthening commercial certainty.
Sharing Nigeria’s experience with Chief Justices of African countries, Justice Kekere-Ekun cited the recent decision of the Nigerian Supreme Court in the case of EMTS v. AFDIN Ventures Ltd. & Ors. (2026), which she said reaffirmed important principles of commercial certainty, including respect for arbitration agreements; recognition that consent may be inferred from conduct; judicial restraint from re-litigating arbitral disputes on the merits; and the importance of finality in arbitral awards.
She maintained that the apex court’s decision reinforced Nigeria’s position as an arbitration-supportive jurisdiction.
The CJN also identified timely resolution of tax disputes as an important factor in ensuring certainty, and recommended Nigeria’s tax dispute resolution mechanism, which she said “offers a useful example of institutional reforms that support commercial certainty.”
She recommended Nigeria’s Tax Appeal Tribunal model, which she described as one of the country’s most significant innovations.
On the last day of the two-day summit, the CJN was nominated by the Chief Justice of Kenya and ratified by the Forum as Vice Chairperson of the Africa Chief Justices’ ADR Forum, with effect from August 1, 2026.
Participants at the summit unanimously resolved to explore ways to harmonize dispute resolution mechanisms across the continent, with a view to making it easier and faster to resolve commercial cases.
