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.

Sheu Ndanusa Usman     Adegoke Bamidele     Ashiru     Bola Shagaya     Goodluck Jonathan     Abdulazeez Uthman     Kunle Okeowo     Bamidele Aluko     Oluronke Adeyemi     Saliu Oluwole     Garba Dogo     Ebun-Olu Adegboruwa     Modibo Kawu     Kwara State Pension Board     Elerin Of Adanla Irese     Alumni Association Of The Federal Polytechnic Offa     Ahmed Shuaib Buranga     Yomi Ogunsola     Suleiman Rotimi Iliasu     Marafan Shonga     Oyun     Matthew Okedare     IYA YUSUF     Esuwoye     Al-Hikmah Radio     Ilorin Metro Park     Aso-ofi     Moshood Mustapha     Aliyu Kora Sabi     Ibraheem Adeola Katibi     TETFUND     Aremu Odolaye     Oke-opin     Theophilus Oyebiyi     John Mayokun Dada     Otuka     Share/Tsaragi     Quarry Royal Valley     Okin Group     Tescom.kwarastate.gov.ng     Lukman Adeloyin     Ajidagba     AbdulRazaq AbduMajeed Alaro     Adedeji Onimago     Nigeria Foundation For Artificial Intelligence     Iponrin     Umar Danladi Shero     Economic And Financial Crimes Commission     Rafiu Olasile     Alapado     Okeose Christian Cementary     Sardauna     Suraj Tunji Oyewale     AIT Ilorin     United Nigeria Congress Party     Abraham Ojo     Fatai Olodo     Igbaja     Oba Sulaiman Asude     Bilikis Oladimeji     March 18     Pilgrims Board     Tunde Kazeem     Association Of Kwara State Online Media Practitioners     Ajikobi     Saadu Yusuf     Kawu Baraje     Mohammed Alabi Lawal     Muhammadu Gobir     Kwara State Football Association     Ilorin Likeminds Foundation     Majlis For Sadakah, Zakat And Waqf     Woro     JMK Construction Company Limited     Mashood Dauda     Oloje     Kwara Polytechnic    

Cloud Tag: What's trending

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

Bolakale Ayo     March 18     Barakat Community Secondary School     COEASU     Muideen Olaniyi Alalade     Haliru Yahaya     Tunji Arosanyin     Sulu Babaita Isiaka     Abdulmumini Jawondo     Wasiu Onidugbe     Muslim Media Watch Group Of Nigeria     Kwara     Mohammed Katsina Ahmed     Markaz Arabic And Islamic Training Institute, Agege     Musbau A. Akanji     Amada Jidda     IYA YUSUF     School Of Nursing     Abdulrasheed Na\'Allah     IQRA College     Kwara State Governor     Ballah     Medview Airlines     United Nigeria Airline     Ahmad Ali     Mansurat Amuda-Kannike     Ayekale     Abdulraheem Yusuf     Yusuf Mubarak     YAKOOYO     Yusuf Amuda Abubakar     Matthew Babaoye     Code Of Conduct Tribunal     Sabitiyu Grillo     Buhari     Aishat Mohammed Lawal     Mutawali Of Ilorin     AbdulRasaq Abdulmajeed Alaro     Gbenga Adebayo     Ojo Fadumila     Solomon Edoja     Obasanjo     Opobiyi     Seni Saraki     Economic And Financial Crimes Commission     Abiodun Jacob Ajiboye     Iyeru Grammar School     Okin Malt     Abdulkadir Remi Hawawu     Bahago     Iyiola Oyedepo     Naira Redesign     Mohammed Ibrahim     Justina Oha     Yusuf Badmus     Taofeeq Olateju     Aishat Sulu-Gambari     Computer Based Test     Undergraduate Bursary     Mary Kemi Adeosun     Kehinde Boyede     Saliu Ajia     Saba Mamman Daniel     Tayo Alao     Omar Bolaji Gambari     Haashim Initiative For Community Advancement     Dunmade     Kwara State Printing And Publishing Corporation     Sulyman Abdulkareem     Gobirawa     Aremu Bose Deborah     Isa Aremu     Agbarigidoma     Shururat Olatinwo     Aisha Buhari     Oniye     Lateef Fagbemi