Chief judges drawn from countries across the African continent have resolved to collaborate and support measures aimed at ensuring the success of the Africa Continental Free Trade Area (AfCFTA).
They said this would be achieved through an efficient, reliable and predictable dispute resolution system.
The resolution was part of the decisions taken at the 3rd Africa Chief Justices’ Alternative Dispute Resolution (ADR) Summit held in Nairobi, Kenya between June 18 and 19.
The statement was made available on Thursday in Abuja by Mr Tobi Soniyi, the Special Assistant on Media to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun.
The judges agreed to explore ways to harmonise disputes resolution mechanisms in the continent with a view to making it easier and faster to resolve commercial disputes.
According to the statement, the African judicial leaders were of the view that commercial confidence depends largely on legal certainty.
They emphasised how structured Alternative Disputes Resolution could enhance commercial justice, protect the business environment and support the AfCFTA.
Speaking, Justice Kekere-Ekun called on African judiciaries to proactively prepare for emerging challenges to disputes resolution in the continent.
Kekere-Ekun, who served as co-chair of the session on “Financial sector disputes, tax certainty and ADR: Building commercial confidence in Africa,” said that AfCFTA represents one of the most ambitious economic integration projects in modern history.
The CJN stressed the importance of a proactive judiciary to the success of AfCFTA.
She stated that its success would depend, not only on trade protocols, tariff reductions and economic policies, but also on the strength and reliability of the institutions that support commerce.
Kekere-Ekun urged her colleagues to examine how judiciaries in the continent, central banks, tax administrations and ADR institutions could work together to reduce uncertainty, prevent disputes, strengthen investor confidence and support the realisation of AfCFTA’s objectives.
She envisaged the growth of intra-African trade to inevitably generate cross-border tax disputes, foreign exchange disputes, banking and payment system disputes.
She said this would also generate 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 said.
The CNN, therefore, challenged African judicial leaders on the importance of disputes prevention mechanism.
She stated that modern commercial justice must move beyond the traditional focus on disputes 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 added.
Justice Kekere-Ekun, who stressed the importance of ADR, cautioned against seeing ADR as merely an alternative procedure.
She said ADR should rather be considered as 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.
She shared the Nigerian experience in a recent decision by the Nigerian Supreme Court in the case of EMTS v. AFDIN Ventures Ltd. & Ors. (2026).
She said the court 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.”
According to her, the decision reinforced Nigeria’s position as an arbitration-supportive jurisdiction.
She identified timely resolution of tax disputes as an important factor in ensuring certainty.
The CJN then recommended Nigerian tax disputes resolution mechanism which she said “offers useful example of institutional reforms that support commercial certainty.”
Kekere-Ekun said the Nigeria’s Tax Appeal Tribunal model is one of Nigeria’s most significant innovations.
The CJN was, on the last day of the summit, nominated by the chief justice of Kenya as the vice chairperson of the Africa Chief Justice ADR Forum with effect from Aug. 1.
The nomination was ratified by the forum.