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.

Abubakar Abdullahi Bata     Ella Supreme Tissue Paper     Abioye Bello     Sun Qing Rong     Muslim Stakeholders Of Kwara State     Muftau Akanbi Oke     Issa Memunat Moyosore     Muhammad Mustapha Suleiman     Saadatu Modibbo-Kawu     Umar Saro     Gbenga Adebayo     Mufutau Gbadamosi Esuwoye     Towobola Abdulrahman Toyin     Malete     BIR     KWASAA     Fatimah Abdulkadir     John Olobayo     FERMA     Saeedat Aliyu     NNPP     Olaitan Buraimoh     Tuesday Assayomo     Bamidele Adegoke Oladimeji     Haleeman Salman     Baboko Primary School     Kwara South     Ike Ekweremadu     Benin Republic     Shettima Of Ilorin     Abubakar Ndakene     LAK Jimoh     Sa\'ad Alanamu     Sheriff Shagaya     Adesoye     Lanwa     Unicontinental Construction Company     Busari Toyin Isiaka     Yusuf Aiyedun     Adamu Attah     Femi Gbajabiamila     Ilorin Durbar     Towoju     Binta Sulyman     Gafaru Olayiwola Olorisade     NIPOGA     Aliyu Kora Sabi     Emir Of Lafiagi     Mansur Alfanla     Seni Saraki     Tayo Awodiji     Ope Saraki     Shururat Olatinwo     Bola Olukoju     Yusuf Olaolu Ali     Nigeria Governors\' Forum     Okoolowo     Olubukola Kifayat Adedeji     Esinniobiwa Quareeb     JSSCE     Junior Secondary School Certificate Examinations     Kunle Okeowo     Kamaldeen Kehinde     Pakata     International Public Sector Accounting Standards     Nigerian Supreme Council For Islamic Affairs     NURTW     Baba Isale     March 18     Ojo Fadumila     Ibrahim Abdulqadir Abikan     Kayode Ogunlowo     Iyabo Adewuyi     Jimoh Akani     Basic Education Certificate Examination     Ezekiel Yissa Benjamin     Idofin    

Cloud Tag: What's trending

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

Ahmed Idris Mohammed     Bahago     MINILS     Bamidele Adegoke     Aisha Ahman-Pategi     Saheed Akinwumi     Hussein Olokooba     Oja-Oba     AbdulFatai Adeniyi Dan-Kazeem     Isaac Aderemi Kolawole     Moses Salami     Tunji Folami     Memunat Monsuma     Hikmah AbdulKareem     Isa Aremu     Lateef Alagbonsi     Tanke Flyover Bridge     Raji Ayodele Kamaldeen     Sodiya     Abubakar Ndakene     Osuwa     Odolaye Aremu     Maigidasanma     International Vocational Centre     Alimi     Muslim Cementary     Toyin Olayinka Tejidini     Kwara State Health Insurance Agency     Curfew     Lawal Olohungbebe     Rafiu Ajakaye     Government High School Adeta     Oke-Kura     Senior Ibrahim Suleiman     Iyaloja-General     Doyin Agbamu     Sulu Babaita Isiaka     Joseph Offorjama     Aliyu Muhammad Saifudeen     Kunle Suleiman     AbdulKareem Yusuf Danhawa     Sarah Jubril     Tsaragi     Oke-Oyi     Adolescent Girls Initiative For Learning And Empowerment     Chartered Institute Of Personnel Management Of Nigeria     Saka Balikis Kehinde     Sola Saraki University     Abdulrahman Abdullahi Kayode     Oloruntoyosi Thomas     Olupako     Garba Ado Sanni     Gbenga Awoyale     Abdulmumini Jawondo     Kayode Ibrahim     Muhammadu Buhari     Kwara State Polytechnic     Sidikat Alaya     Amos Sayo     Kwara Poly     Funmilayo Zubair     Sheikh Ridhwanullah     Amina El-Imam     Sebastine Obasi     Babs Iwarere     Mope Dasuki Belgore     Olabode Towoju     Sabitiyu Grillo     Shaykh Luqman Jimoh     Muhammad Mustapha Suleiman     Kayode Zubair     Kwara Volleyball Association     State Bureau Of Internal Revenue     Ayobola Ipinlaiye     Amusa Bello     Okin High School     Siraj Oyewale