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.

Kwara State Fish Farmers Association     Sheu Ndanusa Usman     Sherif Sagaya     Bamikole Omishore     Emmanuel Olatunji Adesoye     Garba Ado Sanni     Kwara University Of Education     Joseph Yemi Ajayi     Gbenga Adebayo     Alfa Modibbo Belgore     National Democratic Congress     Esuwoye     JSSCE     Toyin Olayinka Tejidini     Adamu Jemilat-Baki     Omoniyi Ayinla     Patience Jonathan     Islamiya Abdulraheem     Abdullahi Adisa Akodudu     Jaiz Bank     Summit University     KWASAA     07039448763     Labour Party     Igbaja     Babajide Ajayi     Ayo Opadokun     IESA     Moremi High School     Ahman Pategi University     Abdulrahman Abdullahi Kayode     Colleges Of Education Academic Staff Union     Federal Road Maintenance Agency     Femi Oladiji     Plat Technologies Limited     Yusuf Aiyedun     Wahab Isa     International Public Sector Accounting Standards     Wahab Olasupo Egbewole     Maja     State Bureau Of Internal Revenue     Yahaya Seriki     Dairo Kunle Paul     Usman Rifun     Tafidan Kaiama     Aasiyat Bello Oyedepo     Kwara South     Ghali Alaaya     National Association Of Nigerian Students     Onilorin Of Ilorin     Habeeb Abdullahi Al-Ilory     Kayode Ishola     BIR     Code Of Conduct Bureau     Joseph Offorjama     Ibrahim Oloriegbe     Toyin Falola     Funmilayo Mohammed     Medview Airlines     MAI Akande     Oko     Gbenga Olawepo     Tafida Of Kaiama     Abdulbaqi Jimoh     Ariyo     Waheed Ibrahim     Titus Suberu-Ajibola     Ajibike Katibi     Isiaka Gold     CACOVID     Kolo     Kolawole Akande     ITEM 7     Musa Abdullahi     Ahmed Alhasssan     Lanre Aremu     Ibrahim Abdulqadir Abikan    

Cloud Tag: What's trending

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

Lateef Alagbonsi     Ajibola Ademola Julius     MalHub     Muslim Cementary     Ahmed     Muritala Awodun     Muhammad Toyin Sanusi     Donatus Ejidike     Raliat Islamic Foundation     Kwara State Branch Of The National Library     Musa Alhassan Buge     Kwara Central     Aliyu Salihu     Samuel Adedoyin     Olaiya Victor Mobolaji     Femtech     Sulaiman Gado     Abubakar Baba Sulaiman     Ishaq Oloyede     Busari Alabi Alausa     IDPU     Offorjama     Omotosho     Ashiru     COVID-19 Palliatives     Oluronke Adeyemi     BECE     Special Agro-Industrial Hub     Ahmad Olanrewaju Belgore     Maigidasanma     Oluwarotimi Boluwatife Adenike     Ola Falade     Nnazua     Afonja     Gobirawa     Emmanuel Bello     Hassan A. Saliu     Owode Market     Suleman Abubakar     Kwarareports.com     Alore     Yekini Adio     Old Oyo     Economic And Financial Crimes Commission     Amina El-Imam     Yakub Lai Gobir     Women Radio     Lithium     Iyeru Grammar School     Ojuekun     Lola Olabayo     Erubu     Savannah Centre For Diplomacy, Democracy And Development     Isiaka Saka Opobiyi     Alabi Olayemi Abdulrazak     Elekoyangan     Bolakale Kawu Agaka     Usman Rifun     Sarah Alade     Azeez Bello     Olokoba Sulyman     Aliyu Kora Sabi     Bolaji Nagode     Borgu     Convocation Ceremonies     Adam Abdullahi Al-Ilory     NaAllah     Ibrahim Kayode Adeyemi     Jumoke Monsura Gafar     Offa Metropolitan Club     AbdulRaheem Ahmad Shayi     Adeola Abraham     Ahman Pategi     Lanre Issa-Onilu     UITH     Christopher Tunji Ayeni     Agbarere