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.

Ilorin East     Abdullahi G. Mohammad     Sanitation Exercise     Folashade Omoniyi     Haliru Yahaya     Ado Bayero     Lanre Jimoh     Kazeem Oladepo     Durbar     Yakubu Gobir     Yahaya Oloriegbe     AbdulHakeem Ajibola Akanbi     David Oyepinola Adedumoye     FERMA     Raji AbdulRasaq     Segun Abifarin     Aliyu Umar     Apaola     Tunde Mukaila Mustapha     Hussein Oloyede     Olawuyi     Hassan Oyeleke     Balogun Ajikobi     Abdulsalam A. Yusuf     Firdaos Amasa     Ayo Opadokun     Temitope Ogunbanke     Raymond Olaitan     Abdullateef Abdussalam     Ekweremadu     KWACOBPA     International Vocational Centre     Alfa Belgore     Taibat Ayinke Ahmed     Jimoh Saadudeen Muhammed     Islamiya Abdulraheem     Nurudeen Mohammed     Council Of The Wise     Awili Pedro     Florence Saraki     Wasiu Onidugbe     Bola Magaji     Abdulmumin Yinka Ajia     GANZY     Abdulsalam Firdaous Amosa     Onilorin Of Ilorin     Toyin Saraki     Sunday Otokiti     Abdulmumini Sanni Jawondo     Mumeen Lah     Alore     Maryam Nurudeen     Muazam Nayaya     Abatemi Usman     Dankaka     Emir Of Kano     Millennium Development Goals     FOMWAN     Roseline Oni Aremu     Abdulrahman Iliasu     Bureau Of Lands     Ashiru     Ajeigbe     Local Government Pension Board     SWAN     Abdulrazaq Magaji     ANCOPPS     Baba Isale     Omotoso Musa     Eleyele     Lateef Fagbemi     REO CAKES     Femi Ogunsola     Yashikira     Sabitiyu Grillo     Taofeeq Olateju     Rotimi Samuel Olujide    

Cloud Tag: What's trending

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

The Herald     Share-Tsaragi     Oya State     Kayode Oyin Zubair     Lanre Olosunde     Taofeeq Olateju     Presidential Election     Akeem Lawal     Hassanat Bello     Arandun     Ilorin Amusement Park     Ijagbo Health Centre     Mufutau Olatinwo     Samari     Onilorin     Lawal Arinola Kudirat     Mary Arinde     Abiodun Oyedepo     Funke Adedoyin     Abubakar Suleiman     Afolabi-Oshatimehin     Lafiagi     Ahmed Dankaya     Jumoke F. Ajao     Ita-Ore     Ilorin Muslim Community     Alumni Association Of The Federal Polytechnic Offa     Oyin-Zubair     Elerinjare-Ibobo     Sanitation Exercise     Salihu Ajia     Age AbdulKareem     Alabi Olayemi Abdulrazak     UNIFEMGA     Yusuf Amuda Gobir     Emir Of Yashikira     Abdul-Rasheed Na\'Allah     Abubakar Baba Sulaiman     Iyabo Adisa Ibiyeye     Tunji Moronfoye     Hassan Oyeleke     Ahmed \'Lateef     Idris Amosa Oladipo Saidu     Principal Private Secretary     Tafida Of Kaiama     Ojo Isekuse     Shagari     Kwara Primary Health Care Development Agency     NYSC     Orisun Igbomina     Idiagbon     Galadiman Ngeri     Adanla-Irese     Bibire Ajape     Saidu Kawu     Ojuekun     Habeeb Abdullahi Al-Ilory     MINILS     Idowu Laro     Lotus Bank     Onilu     Ayobola Ipinlaiye     Hauwa Nuru     Oja-Oba     Oko Erin     Federal Polytechnic Offa     Samuel Elizabeth Keatswa     Oluronke Adeyemi     Siraj Oyewale     Budo Egba     Obasanjo     Salman Jawondo     Ahman Patigi     Raliat AbdulRazaq     Wahab Agbaje     Kwara State University Of Education     Radio Kwara