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.

Oba David Oyerinola Adedunmoye     Afolabi-Oshatimehin     Siraj Oyewale     KWASAA     Jawondo     Saidu Isa     Gbemi Saraki     Abdulrazak Shehu Akorede     Muyideen Ajani Bello     Shuaibu Yaman     Kunbi Titiloye     Economic And Financial Crimes Commission     Geri-Alimi Split Diamond Interchange     Colleges Of Education Academic Staff Union     The Herald     Arandun     Ahmed Ayinla Jimoh     Maigidasanma     Abubakar Bature Sulu-Gambari     Lanre Issa Onilu     Senior Ibrahim Suleiman     Lawal Arinola Kudirat     Chartered Institute Of Personnel Management Of Nigeria     Twitter     Yakubu Danladi     Abdulrahman Abdulrazak     Abdulrazaq Solihudeen     Taofeek Sanusi     Saka Keji     Government House     Ridhwanullah Al-Ilory     Hauwa Nuru     GGDSS Pakata     TIC     Abdulrahman Abdulrasaq     Yetunde Balogun     Moremi High School     Ophthalmological Society Of Nigeria     Ahman Pategi University     Okin Malt     Al-Adaby     TESCOM 2025     Kale Kawu     Durbar Festival     Olusin Of Ijara Isin     NIPR     Bureau Of Lands     Yoruba     Opolo Global Innovation Limited     Moshood Mustapha     Haruna Tambiri Mohammed     Matthew Babaoye     Abdul-Rasheed Na\'Allah     Mutawalle     Unilorin FM     Umar Ayinla Saro     Bola Tinubu     Sulyman Atolagbe Alege     Muhammad Mustapha Suleiman     Tosho Yaqub     Federal Road Maintenance Agency     Otunba Taiwo Joseph     Dan Masanin     Saad Omo Iya     Ilorin Curfew     Micheal Imodu-Ganmo Road     Ayeyemi Sulaiman     Omu-aran     ER-KANG Mining     Kuliyan Geri     Adesoye College     Amos Sayo     Oye Tinuoye     Bamidele Adegoke Oladimeji     Abdulrahman Abdulrazaq     Sam Okaula     KWSIEC    

Cloud Tag: What's trending

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

AGILE Programme     Kwara Polytechnic     Afonja Descendants Union     Kayode Issa     Ilota     Abdulrauf Aliyu     Lateef Ademola Olatunji     Kwara 2015     Isapa     Saad Omo\'ya     Oyedun Juliana Funke     Segun Abifarin     Kale Bayero     Damilola Yusuf Adelodun     Abdulquawiy Olododo     Coalition Of Kwara North Groups     Alimi     Sabi     Ajuloopin     Yusuf Arowosaye     John Kehinde Salako     Sobi FM     Iyabo Dupe Adekeye     SSA Youth     March 18     Marafan Shonga     Y.A. Abdulkareem     Gurei     Kwara State University Of Education     Abdul-Rahoof Bello     Abubakar Aliagan     Bashir Badawi     Oye Tinuoye     Afolabi-Oshatimehin Adenike Harriet     Sa\'adatu Modibbo-Kawu     Omoniyi M. Ayinla     Aliyu Umar     Muhammad Ghali Alaaya     Facemasks     Age AbdulKareem     Kwara State Polytechnic     Overland     Lawal Arinola Kudirat     Saidu Kawu     Onilupeju Of Ilupeju     Vasolar     Fatai Olodo     Niguel Gallando Marcias     Chartered Institute Of Personnel Management Of Nigeria     Olomu     Moro     Mahfouz Adedimeji     Sa\'adu Salau     Offorjama     SUBEB     Abdullahi Biffo     Kwarareports     Monthly Sanitation     Rihanat Ajia     Convocation Ceremonies     Olam Food Ingredients     Oke-Kura     Olusin Of Ijara Isin     Ilorin International Airport     Kwara Volleyball Association     Ben Duntoye     Senior Special Assistant On Student Affairs     Local Government     Chief Imam Of Offa     Jalala     Ibrahim Abiodun     Mohammed Alabi Lawal     Kehinde Boyede     Magaji Erubu     Egbejila     Mujtabah Bature     Nurudeen Mohammed