Finance minister proposes digital tribunal to resolve commercial disputes in 15 years

The Minister of Finance and Coordinating Minister of the Economy, Mr Taiwo Oyedele, has proposed the establishment of a specialised Commercial Dispute Resolution Tribunal to fast-track the resolution of business disputes. He argued that faster justice delivery is critical to attracting long-term investment and deepening Nigeria’s capital market.

The minister made the proposal on Tuesday while delivering his inaugural lecture as a Fellow of the Capital Market Academics of Nigeria during the association’s Second Biennial Conference in Abuja. The conference was themed “The Nigerian Capital Market as a Catalyst for Equitable and Inclusive Growth.”

15 years to resolve cases hurts investment

Oyedele said delays in resolving commercial disputes remain one of the biggest obstacles to investment. He noted that cases currently take an average of 15 years to progress through the High Court, Court of Appeal and Supreme Court. According to him, such prolonged litigation creates uncertainty, discourages investors and significantly increases the cost of doing business in Nigeria.

To address the challenge, the minister proposed a dedicated Commercial Dispute Resolution Tribunal staffed by judges and arbitrators with specialised expertise in commercial, financial and capital market matters. He said the tribunal should operate with digital case management systems and mandatory timelines to ensure the swift resolution of disputes involving businesses, suppliers, joint venture partners and other commercial entities.

The minister explained that the proposed tribunal would complement existing investment protection mechanisms by providing a more efficient avenue for resolving commercial disagreements that often delayed investments and weakened investor confidence. He stressed that virtually every financial instrument, including bonds, syndicated loans, private placements and structured notes, is founded on enforceable contracts, making speedy dispute resolution essential for the growth of the capital market.

Debt is not the problem, what it finances matters

Beyond judicial reforms, the minister urged Nigerians to reconsider their long-held perception of public borrowing. He insisted that debt should be judged by what it financed rather than by its size. Oyedele argued that borrowing is not inherently harmful and should instead be viewed as a financial tool capable of supporting economic growth when channelled into productive investments.

“The relevant question is never simply how much debt there is. It is always debt for what, at what cost, against what return and repayable on what terms,” he said. He criticised the tendency among analysts and commentators to condemn every instance of government borrowing without examining whether the funds were being invested in projects capable of generating sustainable economic returns.

According to him, governments and businesses that borrow to finance productive assets yielding returns above the cost of capital are making rational financial decisions. He added that refusing to borrow under such conditions could amount to foregoing valuable development opportunities.

Seven laws of capital attraction and the perception premium

The minister also challenged the mindset of many Nigerian entrepreneurs who resist bringing in external investors to retain full ownership of their businesses. He noted that owning 100 per cent of a small enterprise often creates less value than holding a substantial stake in a much larger and well-capitalised company.

Oyedele further outlined what he described as the “seven laws of capital attraction,” emphasising that investors are primarily attracted by trust, policy consistency, strong institutions and the rule of law rather than generous tax incentives. He said capital seeks predictable returns instead of merely pursuing the highest returns, warning that countries with unstable policies often lose investment to jurisdictions offering lower but more reliable returns.

“Capital hates uncertainty more than taxation,” he said, attributing investor hesitation to policy reversals, regulatory inconsistencies, foreign exchange uncertainty and weak contract enforcement. According to him, investors commit long-term capital to countries with credible institutions rather than to individual political leaders. He identified an independent judiciary, a credible central bank and an efficient public bureaucracy as critical pillars for attracting sustainable investment.

The minister also urged government officials, professionals and the media to improve communication around economic reforms. He argued that Nigeria often pays what he described as a “perception premium” because positive policy changes are poorly communicated to investors.

SEC boss calls for research-driven regulation

Meanwhile, the Director-General of the Securities and Exchange Commission, Dr Emomotimi Agama, called for stronger collaboration between regulators and academics. He said research-driven policymaking is essential for strengthening Nigeria’s capital market and promoting inclusive economic growth. Speaking during the opening of the conference, Agama described the Capital Market Academics of Nigeria as an important bridge between academic research and financial market regulation.

“I have long believed that good regulation begins with good thinking. The policies we make at the Securities and Exchange Commission are only ever as strong as the evidence and the ideas that inform them,” he said. According to him, research generated through academic conferences, journals and peer-reviewed studies provides the foundation for evidence-based regulation capable of responding to the evolving needs of Nigeria’s financial markets. He said the commission regards academics as strategic partners whose ideas can shape policies that strengthen investor confidence and support market development. Agama noted that Nigeria’s capital market is undergoing major reforms.

For Nigerian businesses and consumers, faster commercial dispute resolution means lower costs and reduced uncertainty. A functioning digital tribunal could shorten the 15-year case backlog, making the country more attractive to both local and foreign investors. This could eventually support naira stability by improving capital inflows and reducing the perception premium that raises the cost of doing business in Nigeria.