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.

Offa Grammer School     Yekini Adio     Abdulkarim Adisa     Muhammed Mahe Abdulkadir     Siddiq Adebayo Idowu Salawu     PPS     Oba Abu     Jimoh Olusola Imam     Federal Polytechnic Offa     Abdulfatai Salman Baakini     Aso-ofi     Osuwa     Bilikisu Gambari     Garment Factory     Raji AbdulRasaq     Hijab     Olusegun Adeniyi     Yemi Sanni     Ahmed Mohammed Rifun     Obasanjo     Yusuf Abdulraheem     Kunle Suleiman     IHS Towers     Abdulrauf Yusuf     Transition Implementation Committee     Alao Ayotunde     2023 Elections     Yahaya Abdulkareem Babaita     Sambo Murtala     College Of Arabic And Islamic Legal Studies     Isiaka Saka Opobiyi     Salaudeen Oyewale     Ojo Fadumila     Mukhtar Shagaya     Awili Pedro     Fatima Abolore Jimoh     Offa Descendants Union     Ahmad Ali     Stephen Fasakin     Emmanuel Bello     Kwara Basketball Association     Borgu     Funmilayo Oniwa     Laolu Saraki     Gbenga Olawepo     Idiagbon     Ita-Nmo Market     Lola Ashiru     Roseline Oni Aremu     Pategi     Daud Adeshola     Agboola Babatunde     Salami Adekunle     Ogbondoroko     Omu Aran     Valsolar Consultoria     Yusuf Lawal     Timothy Olatunde Fadipe     Abubakar B.M     Umaru Saro     Oke Sunna     Alimi     Musa Ayinla Yeketi     Osi     Hakeem Lawal     Akande Idowu Ayoola Muhammed     Yusuf Amuda Gobir     Saliu Ajibola Ajia     Temi Kolawole     Durbar Festival     Olaiya Victor Mobolaji     Umar Adelodun     V.O. Abioye     Clara Nwachukwu     Ilorin Emirate Staff Association     Abubakar Abdulraheem     Ahman Patigi    

Cloud Tag: What's trending

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

Iyaloja-General     Mustapha Olanipekun     Egbejila     HICA     Kwara State Governor     Ilorin Descendants Progressive Union     Kayode Laro     Tunji Moronfoye     Oluwatoyin Lukman     Sulyman Tejidini     Isiaka Rafiu Mope     Mufutau Olatinwo     Adamu Ibrahim Sabi     Popo-Igbonna     Aisha Gobir     Owo Arugbo     Nigeria Computer Society     Wahab Egbewole     Saliu Oluwole     UNILORIN Alumni Association     Ahmad Ali     Emir Of Kano     Niyi Ogundiran     NSCIA     Women For Change And Development Initiative     Kale Belgore     Obayomi Azeez     Aisha Ahman-Pategi     Alumni Association Of The Federal Polytechnic Offa     Kisira     Na\'Allah     Dele Momodu     Dan Iya Of Ilorin     Sulu Gambari     Habeeb Abdullahi Al-Ilory     Kumbi Titiloye     KWASAA     Abubakar Imam     Niguel Gallando Marcias     Idowu Laro     Kulende     Abubakar Kawu Baraje     Oko     Photo News     JAMB     Babs Iwarere     Issa Oloruntogun     Hamid Bobboyi     Saadu Yusuf     Local Government     Bello John Olanrewaju     CCB     Isiaka Alikinla     Agbarere     Kwara-SAPZ Project     Alfa Modibbo Belgore     Sabo-Oke     Dauda Adesola     Adebayo Salami     Temitope Ogunbanke     Abdulwahab Ololele     KWATMA     Ajibike Katibi     Kassim Babamale     Abdulwahab Olarewaju Issa     Savannah Centre For Diplomacy, Democracy And Development     Samuel Adaramola     Ramadan     Oya State     Ramadhan     National Pilot     Salihu Ajibola Ajia     Tunde Saad     Yinka Aluko     Oke-Oyi     Babaita     Oyeyemi Olasumbo Florence