Akanbi canvasses alternative dispute resolution

Date: 2014-11-21

A Professor of Law at the University of Ilorin, Muhammed Mustapha Akanbi, has urged disputes by embracing the alternative dispute resolution (ADR) procedures of arbitration, which he said, would ensure that justice is delivered in a timely, effective and affordable manner.

Prof. Akanbi, who made this submission last Thursday (November 13, 2014) while deliversing the 152nd Inaugural Lecture of the University, noted that given the present poor stat of the legal system in the country, ADR offers and effective means of dispute settlement.

In the Lecture, entitled “Contending Without Being Contentious: Arbitration, Arbitrators And Arbitrability”, the don explained the principle behind arbitration, saying that it allows parties to freely choose how to settle their disputes and the acceptable forum for doing so,

The scholar canvassed “a justice system that is flexible and accessible and that delivers timely, effective and affordable outcomes”, adding that “arbitration is a key to achieving this”. 

Prof. Akanbi said, “In commercial transaction, conflict will always be inevitable, However, since commercial pragmatism and not legal accuracy is the preference of men of commerce, parties must learn to contend without being contentious, what is needed however is not an idealistic embrace of a novel fad that will replace the courts, but the best utilisation of appropriate procedures that will facilitate the fair and efficient settlement of commercial disputes in Nigeria.”

The former Dean of the Faculty of Law, who called for urgent reforms of the civil justice system in Nigeria, also highlighted the benefits of a reformed judicial system on arbitration practice. He pointed out that more professionals should be encouraged in the practice, explaining that arbitrators require skill, knowledge and competence in the field of dispute resolution and the field of endeavour from which the dispute arose.

Prof. Akanbi, however, argued that the preponderance of members of the legal profession in the arbitration practice, such as lawyers and retired judges, who possess little or no training in the field of arbitration, have hindered the potential benefits of the arbitral process instead of enhancing it, because of “the gradual legalization of the arbitral process, which has, in turn, adversely affected the way arbitration proceedings are conducted in Nigeria.”

The don noted further, “The incursion of these categories of persons is fast turning the arbitration fora into alternative courtrooms, as the long period spent in the courtrooms by the retired judges and lawyers have made them to become so ingrained with strict legal principles to the resolution of disputes. They appear to have developed an innate faculty for approaching the exercise of arbitral functions, which requires flexibility in procedures and decision- making from the same adjudicative stance. Consequently, in practice, when they are appointed as arbitrators, 'they tend to direct proceedings very much as if they are in the courts of law, ignoring the inherent differences between arbitration and the conventional judicial process and thereby forfeiting most of the potential advantages of arbitration.”

Recounting his contributions to legal education, the scholar told the audience, which included his father, the renowned jurist and former Chairman of the Independent Corrupt Practices and other related offences Commission (ICPC), Hon. Justice Mustapha Akanbi, that the Faculty of Law of the University of Ilorin is the first Law Faculty in the country to teach ADR and Arbitration Law at the undergraduate level, a course which he taught. He suggested that “the subject of arbitration and other ADR forms should be incorporated in Law curriculum as a core subject to be taught at the undergraduate level”. 

            In his recommendations, Prof. Akanbi called for the enactment of a separate domestic arbitration law which will take into cognizance the peculiarities of the country's domestic market and the existing case laws of the courts on domestic arbitration in Nigeria. He stressed that in the making of the proposed domestic arbitration statute, extensive consultation should be made with relevant stakeholders since the Arbitration Act of 1988 did not have the advantage of going through the necessary legislative process.

The Inaugural Lecturer, who also observed that the provisions of Section 34 of the Arbitration and Conciliation Act of 1988 appears fraught with some constitutional challenges, called for an amendment in line with the supremacy of the 1999 Constitution, noting that “access to courts is an inviolable right guaranteed by the Constitution and any attempt by the legislature to stifle such a right will not only be anachronistic but while also amount to an erosion of confidence in the arbitral system.”

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Oyelere Oyinloye     Ahmed     Alimi     Joana Nnazua Kolo     Taofeek Ibraheem     Nurudeen Muhammed     Ilorin Metro Park     Curfew     IDPU     Ebola     Aliyu Sabi     Abdulsalam A. Yusuf     IESA     Yusuf Lawal     Majlis For Sadakah, Zakat And Waqf     Harmony Holdings     C2c@kwarastate.gov.ng     Radio Kwara     Babaita     Abdulmumini Jawondo     Federal Neuro-Psychiatric Hospital     Femi Oladiji     UNILORIN Alumni Association     Afonja     AbdulKareem Yusuf Danhawa     Shero     HAMFAT Clinic And Maternity     Amasa     Otunba Taiwo Joseph     Tayo Alao     Tunji Moronfoye     Doyin Agbamu     Bankole Omisore     Chief Imam Of Omu-Aran     Abdullahi Atanda     Oba Sulaiman Asude     Salary     Ishola Moses Abiodun     AbdulRasaq Abdulmajeed Alaro     Mohammed Khadijat Kubura     Orisun Igbomina     Gaa Olobi     Kannike     Oluronke Adeyemi     A.G.F Abdulrasaq     Abdulrazaq Solihudeen     Arik     Abubakar Lah     Ajibola Ademola Julius     Waheed Ibrahim     Taofik Abdulkareem Babaita     Bluenile Associates     Jumoke F. Ajao     Salman Suleiman     Omotoso Musa     Kunbi Titiloye     Dairo Kunle Paul     John Dara     Dar-Al-Handasah Consultants     Ahmed Mohammed Rifun     Okoolowo     Amusement Park     Nigerian Army     Oya State     Joseph Bamigboye     Kwara State Government     Doyin Group     Yusuf Badmus     Muhammed Akanbi     Afolasade Opeyemi Kemi     V.O. Abioye     Yunus Lawal     ER-KANG     Mope Dasuki Belgore     LEAH Charity Foundation     Mohammed Abdulahi     Okala Baba    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Gafaru Olayiwola Olorisade     Aisha Abodunrin Ibrahim     Bature Bello     Moro     Abdulsalam A. Yusuf     NSCIA     Dauda Adesola     Government High School Adeta     Ahmad Belgore     Kwara University Of Education     Admiralty Villa     Yahaya Abdulkareem Babaita     Ilorin South Constituency     All Peoples Party     Age AbdulKareem     Shehu Adaramaja     Oba Abu     Olatunji Ayeni     Idofin     Abdulmumini Jawondo     Saka Saadu     Allocation     Yusuf Zulu-Gambari     Hakeem Idris     Shao     Adedipe     Okasanmi Ajayi     FERMA     Assayomo     KWIRS     Saliu Ajia     Sabi     Col. Ibrahim Taiwo     A.G.F Abdulrasaq     Shettima     Rabiu Kwankwaso     Abdulkadir Jimoh     Y.A. Abdulkareem     Salihu S. Yaru     Special Adviser On Digital Innovation     Chief Imam Of Offa     Afusat Nike Ibrahim     Ibrahim Bio     Jelili Yusuf     Ibrahim Labaika     Elerinjare-Ibobo     Mohammed Alabi Lawal     Rihanat Ajia     Ayo Salami     Kwara State Geographic Information Service     Bolakale Saka     Jimoh Lambe Abdulkareem     AGM Professional Services     Freshvine Nigeria Limited     Dunmade     Suleiman Ajadi     TESCOM     IHS Towers     Yahaya Seriki     Isiaq Khadeejah     Akeem Lawal     Adedeji Onimago     Sanitation Exercise     Okeose Christian Cementary     James Ayeni     National Union Of Road Transport Workers     George Funsho Adebayo     Labaeka     Yoruba     Sherif Sagaya     Egbejila     Oyeyemi Olasumbo Florence     Abdullahi Adisa Akodudu     Okoolowo     Ayo Adeyemi     Shehu Alimi Foundation For Peace And Development     Jimoh Akani