01.11.2016
NEWS/5
L-R: Head of Support Services, Lagos Court of Arbitration (LCA), Ms Nwanne Okafor, LCA President, Mr. Adeyemi Charles Candide-Johnson SAN and LCA Project Director, Investment Climate Facility for Africa, Mrs. Vivienne Edozie at the media parley held at the LCA International Centre for Arbitration and ADR Courthouse, Lekki, Lagos, last Wednesday
L-R: 1st Vice Chairman, Institute of Chartered Arbitrators (UK) Nigeria, Mr. Tunde Busari SAN, Chairperson of the Institute, Mrs. Doyin Rhodes-Vivour and Mrs. Folashade Alli at the Media Briefing, last Thursday
Litigants Urged to Embrace ADR for Quick Resolution of their Disputes Akinwale Akintunde
The Lagos Court of Arbitration (LCA), an Alternative Dispute Resolution (ADR) centre, has advised litigants in the country to embrace ADR in order to spend less time and resources in resolving their disputes. President of the LCA, Mr. Adeyemi Charles CandideJohnson SAN, gave this advice last Wednesday, at a media parley held at the LCA International Centre for Arbitration and ADR Courthouse, Lekki, Lagos. Candide-Johnson urged litigants in the country take full advantage of ADR as a better means of settling their disputes of whatever form, quickly and effectively. According to the LCA President, the delay being experienced on a daily basis in the courts, brings Nigeria's court system into disrepute, adding that only extreme cases should go to the court. He also decried the fact that no court in the world is more technical than Nigerian courts, and this he identified, as a major cause of delays in Nigeria's court system.
He said every system of government has to meet the situation on ground, adding that, for any country to succeed in attracting foreign investment, its system of dispute resolution must be trusted. The Senior Advocate said that, for this reason, the LCA was established as an independent, private-sector driven, international centre for the resolution of commercial disputes via arbitration and other forms of alternative dispute resolution. According to him, the organisation of the LCA was established under the Lagos Court of Arbitration Law, No. 17, 2009 to provide institutionalised arbitration and ADR services that can meet the needs of Africa’s growing businesses. “To achieve its mandate, the LCA was empowered to appoint an arbitral tribunal in respect of any disputes referred to it and maintain a panel of neutrals which consist of arbitrators, mediators and other experts with the requisite skills and experience to meet set functions. The expertise of the LCA spans
multiple industries, including Oil and Gas, Finance, Maritime, Construction, Engineering, Telecommunications, Hospitality, Tourism, Insurance and so on. “The LCA was officially launched on the 9th of November 2012, at the Kuramo Conference—a biennial International Summit which brings together multi- disciplinary experts from the public sector, academia and private enterprise. Since inception, the LCA has rapidly evolved into an ADR institution of status. Its ADR advocacy engagements and workshops have spread progressively across various economic segments namely, the Nigerian judiciary, the legal and business community. "These workshops include arbitration and ADR training for judges of Federal and State high courts, university law students, practitioners and businesses." He also described the ICAA as “home for arbitration” as other arbitral organisations including the Chartered Institute of Arbitrators (Nigerian Branch), Chartered Arbitrators Nigeria, Maritime Arbitrators Association of Nigeria and Lagos Chamber of Commerce
International Arbitration Centre (LACIAC) would be located within the building. "Some of the LCA’s most exciting current initiatives are: A 6-week arbitration course, taught by renowned top academics and practitioners from top law schools and international law firms; The LCA Small Claims Scheme and The LCA Mortgage Scheme." "In addition to outstanding professional achievements, the LCA benefits from ideal office space located within the International Centre for Arbitration and ADR (ICAA), Lagos, Nigeria", the LCA President added. Mrs. Nwanne Okafor, Head of Support Services took journalists on a tour of the LCA state of the art facilities and user-friendly technology for tribunals and conferences. According to Okafor, "the ICAA World class facilities married with highly professional management staff and internationally recognised panels of neutrals, are propelling the LCA towards recognition as Africa’s premier destination for arbitration and alternative dispute resolution."
Court Fixes Nov 23 to Hear Brain-Damaged Girl’s Case after Three Years of Failed ADR Akinwale Akintunde Honourable Justice Kazeem Alogba of the Ikeja High Court, has fixed November 23, 2016 to hear the suit of Nicole Adesanya, the child whose brain was allegedly damaged during birth at a public hospital in Lagos five years ago, owing to the negligence of the medical practitioners there. Nicole’s father, Mr. Adebiyi Adesanya, had sued the Lagos State Government, seeking N10 billion as damages for his daughter’s condition, which he alleged, was caused by the negligence of government medical officers. But the suit, which was filed by their counsel, Mr. Don Akaegbu, on March 4, 2013, was referred to the state judiciary’s Alternative Dispute Resolution (ADR) unit, for possible resolution by the trial judge, Honourable Justice
Josephine Oyefeso of the Lagos High Court. Before it was transferred to the ADR Track, the suit had Nicole and her father as the first and second claimants respectively, while the Health Service Commission, the Commissioner for Health, Dr. Jide Idris, and the then Attorney-General of the state, Mr. Ade Ipaye were the defendants. Three years later, since there has been no resolution between the claimants and the defendants, the matter has been reassigned to Honourable Justice Alogba for trial and November 23, 2016 has been fixed for hearing. Adesanya alleged in the suit that his wife, Funmilola, was kept in labour between June 22 and June 23, 2011, for Caesarean Section that ought to have been
carried out immediately. He claimed that his daughter, delivered through Caesarean Section, “does not sit, turn, talk, walk nor show signs of development inherent in normal children.” Nicole’s brain seizures, according to her father, started in the third month after her birth. The father said medical tests had indicated that his daughter’s condition was caused by birth asphyxia (lack of oxygen during birth). He narrated how his wife was kept in labour for more than 24 hours at Somolu General Hospital, and later at Island Maternity, waiting for the operation. The claimants are therefore seeking for the sum of N1.5 billion as compensatory damages for Nicole’s permanent injury, which includes “physical and psychological harm, pain,
suffering and disability”. They are also seeking for another order “awarding N8 billion as compensation for the father’s loss of his job in the course of attending to the young girl, medical expenses and life care expenses". But the state had in its statement of defence dated, May 24, 2013, denied the claimants’ allegations, insisting that it was not liable for damages for any injury. The defendants averred that "all the tests carried out so far on the first claimant (Nicole), could not conclusively establish a link between the alleged delay on the part of defendant’s medical team to perform the Caesarean Section and the medical condition the first claimant is exhibiting presently".
Nigerian Arbitrators Converge in Port Harcourt for Annual Conference and Gala Nite Jude Igbanoi The Chartered Institute of Arbitrators UK (Nigeria Branch) has concluded plans for what is to be a world-class arbitration conference in the oil city of Port Harcourt from November 10 – 11, 2016. As at the time of going to press, over 300 arbitrators are said to have registered for the conference, with many more expected to register at the Obi Wali International Conference Centre, the venue of the conference, on November 10. Addressing the media last Thursday at the Lagos Court of Arbitration in Lekki, Lagos, Chairperson of the Institute, Mrs. Doyin Rhodes-Vivour told newsmen that the conference in Port Harcourt would be a unique one in many ways. According to her, apart from being the annual conference of the Chartered Institute, it would also be a training programme and induction of new entrants into the profession. The conference with the theme ‘Exploring New Frontiers in Arbitration and ADR’ will also feature a Grand Finale Gala Nite. Mrs. Rhodes-Vivour said "The Annual Conference is in line with the Institute’s commitment to the delivery of quality education and training aimed at the development of a learned society in the field of dispute resolution and building capacity in the field within our shores". "In the past, the conferences of the Nigerian Branch were usually held in the city of Lagos, which as you know is the economic hub of Nigeria, but in a bid to bring arbitration closer to its members in other parts of Nigeria and to
the public in 2014, the Nigerian Branch held its annual conference in the nation’s capital, Abuja." "In the same spirit, we are pleased to announce that this year, we have taken the conference to the city of Port Harcourt, in Rivers State, which as you know, is Nigeria’s oil and gas hub." What sets this year’s conference apart is that members, conferees and their guests will have the opportunity to unwind and take a tour of the oil city, to get a taste of what it has to offer. Rivers State Governor, Mr. Nyesom Wike is billed to deliver the keynote address, while the array of confirmed speakers and seasoned chartered arbitrators include fellows of the Institute. •Mrs. Sola Adegbomire will speak on ‘Breaking New Grounds’ •Mr. Mena Ajakpovi and Richard Mofe-Damijo will speak on ‘Arbitrating Nollywood Disputes: A Fertile Ground.’ •Mr. Yemi Candide-Johnson SAN ‘New Concepts, New Ideas.’ •Prof Fidelis Oditah QC, SAN •Mrs. Folorunso Alakija •Mrs. Mia Essien SAN In attendance at the press briefing, were members of the Conference Planning Committee including Mr. Tunde Busari SAN and Mrs. Folashade Alli. To encourage young arbitrators to attend the conference, Mr. Busari SAN said that the Institute had gone to great lengths to highly subsidise conference fees for all young arbitrators who are below the age of 40 years. He further pointed out that, an arrangement has been worked out with a number of airlines and hotels for highly discounted rates to all conferees.
LEGAL UPDATES NCMG HOLDS 10TH AFRICAN ADR SUMMIT
The Negotiation and Conflict Management Group International (NCMG) will on Thursday, November 10, 2016 hold its 10th African Alternative Dispute Resolution (ADR) Summit at the Civic Centre,Victoria Island, Lagos. The theme for the Summit which is being organised by NCMG in collaboration with National Judicial Institute (NJI) is“Justice & Peace in Africa: An Economic Development Catalyst”. Former Chief Justice of Nigeria and Global Chairman, NCMG, Honourable Justice Muhammadu Lawal Uwais will be the Chief Host, while Justice Professor Joel Ngugi, former Director of the Judiciary Training Institute, Kenya will be the Guest Speaker at the summit. He will be speaking on the topic: 'Innovation: An Imperative for Development in the Judiciary and the Business Sector in Africa'. The summit, which will climax with a Cocktail Reception, will also have in attendance selected professionals and leaders in the financial sector, oil and gas and legal communities.