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.

International Vocational Centre     Saliu Ajibola Ajia     Salihu S. Yaru     GRA     Maimunat Oloriegbe     Gambari     Majlis For Sadakah, Zakat And Waqf     Lafiagi     Yashikira     Vasolar Consortium     Aminat Ahmed     Tunde Akanbi     Akeem Lawal     Yunus Oniboki     Niguel Gallando Marcias     Igbomina     Lanre Jimoh     Amoyo     Omar Bolaji Gambari     Ilorin Talaka Parapo (ITP)     Mohammed Yahaya Barki     Boko Haram     Hussein Oloyede     Alaaya     Abdullahi Atanda     Abdulmumini AbdulRazaq     N-Power     Abdulhakeem Amao     Jimoh Akani     Jide Oyinloye     Iyabo Adisa Ibiyeye     Ejidongari     Undergraduate Bursary     Yoonus Lawal     Oloruntoyosi Thomas     Baba-Isale     Omoniyi     Iyabo Dupe Adekeye     Peculiar Allowance     Ibrahim Bio     Lanwa     Alagbado     Oko-Olowo     Sulaiman Gado     Air Peace     Yusuf A. Usman     Abdullahi AbdulMajeed     Hakeem Idris     African Democratic Congress     Muhammad Fawaz Abubakar     Deji Ajani     Kwara NIPR     Patience Jonathan     Razaq Atunwa     Abdulrazaq Sanni     Ajasse-Ipo     Ethical College     Salihu Alhaji Musa     Abubakar Atiku     Vasolar Consultoria     Abegunde Goke     Paul Odama     Tanke Flyover Bridge     Shao     Kwara Apc     Owu Fall     Rotimi Samuel Olujide     Sarah Jubril     Kwarareports.com     Sidikat Alaya     Muideen Olaniyi Alalade     Makama Of Kaiama     Abdulwahab Oba     Ita-Ore     Zaratu Umar     Olatinwo     Lateef Alagbonsi    

Cloud Tag: What's trending

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

CCB     KSIRS     Durbar     Sa\'adatu Modibbo-Kawu     Kayode Alabi     New Nigeria People’s Party     Sanusi Abubakar     Lanre Issa Onilu     Alapado     Rasheed Jimoh     Taofik Abdulkareem     Sa\'adu Gambari     Abdulganiyu Salahudeen     Olukotun Of Ikotun     TETFUND     Sulu Gambari     Moshood Bakare     NIPR     State Bureau Of Internal Revenue     Florence Saraki     Omoniyi     Ilorin.Info     Haruna Tambiri Mohammed     Michael Imoudu National Institute For Labour Studies     Simeon Sayomi     Age AbdulKareem     Nurudeen Muhammed     Abdullahi Biffo     Ashiru     Abdullateef Abdussalam     Ilorin West/Asa Federal Constituency     Olayinka Jelili Yusuf     Yoonus Kola Olatinwo     Aisha Abodunrin Ibrahim     MAI Akande     NSCIA     Michael Nzwekwe     Micheal Imoudu     Sarafadeen Kayode Akorede     Leke Ogungbe     Matthew Babaoye     Bibire Ajape     Garuba Alikinla Shittu     Elerin Of Adanla Irese     Ibrahim Oniye     Mohammed Alabi Lawal     Galadiman Ngeri     IESA     Makama     Balogin Alanamu     Dumagi     Funmilayo Zubair     Mujtabah Bature     Osi     Abdulmumini Sanni Jawondo     Oluwole Dupe     Babatunde Ishola Babaita     Saadu Yusuf     Razaq Ayobami Akanbi     Gafaru Olayiwola Olorisade     Sheikh Alimi     AbdulQowiy Olododo     Kwara NIPR     A.O. Belgore     Afonja Descendants Union     Senior Special Assistant On Student Affairs     Gbugbu     Association Of Kwara State Online Media Practitioners     Sardauna Of Ilorin     Okoolowo     Peculiar Allowance     Abdulrasaq Alaro     Zainab Abass     Sadiq Buhari     Ladi Hassan     Isau     Iqra Books