Speeches

Opening Ceremony Of The Lagos Settlement Week

Nov 2, 2009 - Today’s occasion marks yet another land mark achievement in the reform agenda embarked upon by this administration in the justice sector. Amicable settlement of cases out of court may appear to conflict with our adversarial justice system. A system which has its origin in the medieval mode of trial by combat, the adversarial system is predicated on the obligation of counsel to argue their client’s cases before a neutral arbiter with the attendant emergence of a “winner” and a “loser”.

However, the modern adversarial system recognises the more important duty imposed by the law on counsel and indeed the courts to encourage amicable settlement of cases out of court. The High Court of Lagos State (Civil Procedure Rules) 2004 contains provisions in this regard and the duty of the court to encourage out of court settlement was well stated by the court in Ezeonu Vs. Agheze (1991) 4 NWLR Pt. 631 where Niki Tobi JCA (as he then was) remarked as follows:

“It is not part of our judicial oath as courts of law qua adjudicators to instigate parties to litigation. If anything, it is part of our solemn and equitable jurisdiction to explore in appropriate cases some form of settlement to the mutual benefit of the parties.”

The learned justice went further to say that a court of law can even suo motu suggest amicable settlement of a matter and as long as it takes that line of action without bias and in the interest of the parties, the law will never frown at it. The court on this issue therefore concluded that when a party who brought an action to court has decided to withdraw it, the court should generally have no business holding him to ransom.

A similar view was held by Kalgo JCA (also as he then was) in IDAKWO VS. ILONA (1998) 3 NWLR PT. 541. In this particular case, the Court of Appeal reiterated the duty of the trial court to encourage settlement of disputes and criticised the attitude of trial courts in proceeding to deliver judgment after parties had informed the court of their intention to settle the matter amicably.

Settlement of disputes finds its roots also in our traditional justice system of dispute resolution in an African setting where disputes are resolved by a compromise solution. This system of customary arbitration was unanimously accepted and recognised by the courts at least two centuries ago.

It would therefore not be wrong to say that by today’s event, we have again tapped from our age long tested and reliable custom of dispute resolution by amicable settlement thereby re-affirming that litigation is not the only, but just one of the options available for the resolution of disputes.

Since inception, the Lagos Multi-door Courthouse has been offering alternative dispute resolution services to the public. Its connection with the courts has led to the referral of several cases to it with a view to exploring possible resolution out of court.

My Lords, Your Honours, distinguished ladies and gentlemen, settlement of a dispute out of court stems from the voluntary agreement reached by the parties themselves, of course on the advice of counsel. It is after they have agreed that they approach the court for its “blessings” and sanction. It has the positive effect of decongesting the courts and it is also a useful tool for stabilising the society. Whereas, it usually involves terms that may appear less responsive to the merit of the case, it is undoubtedly a desirable confluence of equity and efficiency in the dispensation of justice.

A dedicated Settlement Week can only foster this initiative and therefore avail litigants of an environment where the courts will put their traditional roles in abeyance and encourage “party driven justice” within the ambits of the law. I therefore urge counsel to be counter intuitive by turning away from their usual interest in the “pound of flesh” and live up to their duty as ministers in the temple of justice by taking advantage of this idea.

I therefore reiterate the support of this administration to this laudable innovation and hereby formally declare the 2009 Lagos Settlement week open.

I thank you for your attention.

Babatunde Raji Fashola, SAN
Governor of Lagos State