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 Bature Sulu-Gambari     Alanamu     Yusuf Zulu-Gambari     Titus Suberu-Ajibola     Buari Edun     Olateju Lukman     Valsolar Consultoria     Ayekale     Minimum Wage     Democracy Day     Aso Ofi     Kubra Kazum     JUSUN     Agor     Durosinlohun Kawu     Christian Association Of Nigeria     Abdulazeez Uthman     Yusuf Lanre Badmus     Labaeka     Oni Adebayo     Oyun     Henry Olaosebikan     Kwara State Council Of Chiefs     Sadiq Umar     Donatus Ejidike     Old Oyo     Arik     Kwasu     Ayinke Saka     Kayode Issa     Temitope Ogunbanke     Busari Toyin Isiaka     Olatinwo     Sheriff Olanrewaju     Apaokagi     Saka Onimago     Raimi Iyanda     Adesina Simon Sodiya     Oju Ekun Sarumi     Sunset Workers     Najim Yaasin     Hauwa Nuru     Samuel Elizabeth Keatswa     Sabo-Oke     Muhammed Taofeeq Abdulrazaq     Osuwa     KWSUED     Abubakar Ndakene     Okanlawon Musa     Alfa Yahaya Road     Convocation Ceremonies     Ahman Pategi University     Olatunji Ibrahim     Abdullahi Imam Abdullahi     Funmilayo Oniwa     Illyasu Abdullahi     Park     Jimoh Olusola Imam     Emir Of Shonga     Christopher Tunji Ayeni     Apaola     Edret Sabi Abel     Baba Adini Of Kwara State     Kazeem Oladepo     Senior Special Assistant On Student Affairs     Rebecca Bake     Suleiman Alege Kuranga     Balikis Jawondo     Innocent Okoye     Yahaya Muhammad     Adisa Logun     Bluenile Associates     Oyeyemi Olasumbo Florence     Okala Baba     Gbugbu     Gbadeyan Gbadura Yomi     Rasaq Jimoh    

Cloud Tag: What's trending

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

Falokun-Oja     Nigeria Computer Society     Umar Ayinla Saro     Igbomina     Muhammad Ghali Alaaya     AbdulRahman Saad     CCEPE     Kayode Alabi     Ahmad Uthman     Kayode Ishola     Kwara Metro Park     Suleiman Yahya Alapansapa     IESA     Sambo Murtala     Kwarareports.com     Nigerian Supreme Council For Islamic Affairs     Abdulfatah Ahmed     Muhammad Sirajo Aliyu     Yusuf Lanre Badmas     Alaiye     Abdulrasheed Akogun     Yahya Mohammed     Sanusi Abubakar     Y.A. Abdulkareem     Waheed Ibrahim     Idris Garba     Doyin Group     Yomi Ogunsola     Abdul-Rasheed Na\'Allah     Lotus Bank     Veterinary Teaching Hospital     Waziri Yakubu Gobir     Association Of Kwara State Online Media Practitioners     Funmilayo Braithwaite     Ejidongari     Alabi Lawal     Popo-Igbonna     Abdulrazak Shehu Akorede     Osi     Onilu     Toyin Olayinka Tejidini     Al-Hikmah University     Code Of Conduct Bureau     Rebecca Bake     Aisha Gobir     Gbugbu International Market     Olabimpe Olani     Mike Omotosho     Atiku     Hydro-electric Power Producing Areas Development Commission     Kwabes     Ibrahim Abiodun     Yemi Sanni     Niguel Gallando Marcias     AbdulRasaq Abdulmajeed Alaro     Kayode Laro     Anilelerin     HYPPADEC     Yoruba     Abdullahi Atanda     Emmanuel Olatunji Adesoye     Turaki Of Ilorin     Abatemi-Usman     Ben Duntoye     Hajj     Col. Ibrahim Taiwo     Toun Okewale-Sonaiya     Orire     Hassan Taiye Salam     Eghe Igbinehin     Lawal Olohungbebe     SSA Youth Engagement     Majlis For Sadakah, Zakat And Waqf     Abdulrazaq Magaji     Abdulkareem Alabi     Budo-Egba     Inside Kwara