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.

Kola Bukoye     Bareke     Aro Yahaya     Oyawoye     Sulyman Atolagbe Alege     Abdulmajeed Abdullahi     Yakub Lai Gobir     Taofeek Sanusi     Haliru Dantoro     Jimoh Bashir     Kamaldeen Ajibade     Ridwan Agboola     Basit Olatunji     Maimunat Oniyangi     Minimum Wage     Mubarak Oladosu     Elections     Danladi     Tunji Folami     Ilota     Yusuf Abdulraheem     Rapheal Ashaolu     Makama Of Kaiama     Orisun Igbomina     Lanre Issa-Onilu     Awwal Jawondo     Olam Food Ingredients     AbdulGafar Tosho     AGF Abdulrazaq     Yusuf Abdulkadir     Omotoso     Doyin Group     Wale Oladepo     NIRSAL     TIC     Ogidi-Oloje     Susan Modupe Oluwole     Unicontinental Construction Company     Timothy Akangbe     Yusuf AbdulRasheed     Kwara Central     Ile Arugbo     Amuda Musbau     NITDA     Vasolar Consortium     Ibrahim Abikan     Baruba     Abubakar B.M     Owode Market     Elerin Of Adanla     Association Of Kwara State Online Media Practitioners     Ibrahim Issa Jetti     IFK     Yoonus Kola Olatinwo     Dauda Adesola     Sodiya     Ibrahim Orire     Quarry Royal Valley     Isiaka Danmeromu     Firdaos Amasa     Tsado Manman     Magaji Nda     Mary Arinde     Bola Magaji     NSCIA     Muslimah Entrepreneurship Forum     Katibi Ibraheem Adeola     Ijagbo     Femtech     Toyosi Thomas     Sarafadeen Kayode Akorede     Ghali Alaaya     Ahmed     Maigida Soludero Transit     Aminu Ado Bayero     Face Masks     Rasheed Jimoh    

Cloud Tag: What's trending

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

Oasis Muslim Care Foundation     Muideen Olaniyi Alalade     Gabriel Fashanu     Ibrahim Mashood     Ahmad Olayiwola Kamaldeen     Funmilayo Isiaka Oniwa     Abdulmajeed Abdullahi     Ayinde Oyepitan     Aremu Odolaye     Ridwan Agboola     Jide Ashonibare     Sidikat Akaje     Rihanat Ajia     Olatunde Oyeyiola     Kwara Pdp     Ethical College     Islamic Development Bank     Young Progressives Party     Ganmo Electricity Sub-Station     Ilorin.Info     Ibrahim Taiwo     Olateju Lukman     Onilorin Of Ilorin     07039448763     Pakata     Ojuekun Sarumi     Aro Yahaya     Muhammed Abdullahi     Lanre Badmus     Omar Bolaji Gambari     Vasolar Consortium     Abdulfatai Baakini     Yaru     Alfa Yahaya Road     Bello Oyebanji     Segun Olawoyin     Abdulrahman Abdullahi Kayode     Suleiman Rotimi Iliasu     Okoolowo     Sadiq Umar     Alapado     Awwal Jawondo     Turaki     Kwara-SAPZ Project     Lanre Olosunde     Government Girls’ Day Secondary School Pakata     Onikijipa     Edret Sabi Abel     Abdulrasheed Lafia     Abubakar Atiku     Ahman Pategi     Ilorin East     Oke-Oyi     Voices Of Tomorrow     Olam Food Ingredients     Mopelola Abdulmaliq-Bashir     Adedayo Yusuf Abdulkareem     Habeeb Abdullahi Al-Ilory     Abdulraheem Yusuf     International Vocational Centre     Solomon Edoja     Alaiye     Kwara State Football Association     Nnazua     AGM Professional Services     Kazeem Gbolagade     Al-Adaby     Yakub Lai Gobir     Abdulfatai Salman Baakini     Aliyu Sabi     Talaka Parapo     Ibrahim Abdulkadir Abikan     Dagbalodo     Deji Ajani     Busari Alabi Alausa     Amule     Olabimpe Olani