CORPORATE INSOLVENCY AND BUSINESS RESCUE IN NIGERIA: ASSESSING THE ROLE OF ADR IN STAKEHOLDER CLAIMS RESOLUTION POST-COVID-19

Abstract

The COVID-19 pandemic significantly disrupted global markets and exposed the vulnerability of corporate entities, particularly in emerging economies such as Nigeria. These disruptions underscore the urgency of robust insolvency and business rescue frameworks that can preserve viable enterprises while equitably balancing the interests of creditors, employees, shareholders, and other stakeholders. The enactment of the Companies and Allied Matters Act 2020 introduced new statutory mechanisms aimed at facilitating corporate rescue. Yet, the effectiveness of these reforms remains uncertain, particularly in addressing the multiplicity of claims that typically arise during insolvency proceedings. This paper critically examines the potential role of Alternative Dispute Resolution (ADR) in supplementing Nigeria’s formal insolvency regime. It explores ADR’s capacity to foster quicker, confidential, and cost-efficient resolution of stakeholder disputes, while also mitigating the systemic delays and rigidity often associated with judicial processes. Drawing insights from comparative jurisdictions, the paper evaluates whether ADR can effectively bridge institutional and procedural gaps in Nigeria’s corporate rescue framework or whether persistent structural challenges, including weak enforcement mechanisms and limited expertise, may hinder its success. The paper ultimately argues that a strategic integration of ADR into insolvency practice presents a pragmatic pathway for achieving sustainable corporate recovery and enhancing stakeholder protection in the post-COVID era.