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.

Olota Of Odo-Owa     Rafiu Ibrahim     Diagnostic Centre     Abdullahi Samari     Abdul-Rahoof Bello     Ajeigbe     FERMA     Isiaka Danmeromu     Tunji Folami     Inside Kwara     Oluwatoyin Lukman     Oyawoye     David Oyedepo     Balogun Gambari     Mansurat Amuda-Kannike     Olatunji Abdulmumeen     Geri-Alimi Split Diamond Interchange     Deji Ajani     Sunday Otokiti     Elerinjare-Ibobo     Abdulfatai Ahmed     Is\'haq Modibbo Kawu     IHS     Segun Ogunsola     Olaiya Victor Mobolaji     Olohungbebe     Issa Oloruntogun     Bolaji Nagode     Mohammed Yahaya Barki     Sunday Fagbemi     A.G.F Abdulrasaq     AbdulGaniyu Kareem     Kwara United     Saheed Akinwumi     Sa\'adu Salahu     Olatunde Oyeyiola     Lanre Olosunde     Col. Adedipe     Mufutau Gbadamosi Esuwoye     Gbemisola Saraki     Abdulganiyu Oladosu     Titus Suberu-Ajibola     Saheed Alakoso     Tunde Akanbi     Jumoke Gafar     Taibat Ayinke Ahmed     Femi Ogunsola     Oba Mogaji Abdulkadir     Pakata Patriots     Patigi Regatta     Ilorin Curfew     Kpotum Mohammed Baba     Dan Masanin     Sunset Workers     Jare Olatundun     James Kolo     Kwara State Polytechnic     Aminat Omodara     Atiku Abubakar     Olateju Lukman     Ileloke     General Tunde Idiagbon International Airport Ilorin     Isiaka Rafiu Mope     Isaac Aderemi Kolawole     Afusat Nike Ibrahim     Kishira     Azeez Bello     Sulyman Age AbdulKareem     Abubakar B.M     Shuaib Olarongbe     Centre For Peace And Strategic Studies     Onikijipa     Abubakar Suleiman     Kwarareports.com     Raji Ayodele Kamaldeen     Farouk Salim     Kuliyan Geri    

Cloud Tag: What's trending

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

Ibrahim Gambari     Kola Bukoye     Ibikunle Ogunleye     Chief Of Staff     20 Billion Bond     Olatunde Michaels     Olupako     Wahab Agbaje     Dapo Teni Nig Enterprise     Ahman Pategi University     Moses Rahman Popoola     Kola Adesina     Amos Sayo     Baba Idris     Lanre Aremu     Usman Yunusa     Ilesha-Baruba     Peter Amogbonjaye     Owo Arugbo     Yusuf Amuda Aluko     Emmanuel Olatunji Adesoye     Halidu Danbaba     Yahaya Muhammad     Mohammed Saidu     Modibo Kawu     Computer Based Test     Taofik Mustapha     Olukotun Of Ikotun     Amuda Bembe     Adamu Atta     Shehu Alimi Foundation     Ebola     Sola Saraki University     Aminu Adisa Logun     Lanre Issa Onilu     Abdulbaqi Jimoh     Orire     Hijab     Moses Adekanye     Aliyu Kora-Sabi     Pakata     Firdaos Amasa     Ishola Moses Abiodun     Kolawole Bashirat     Ahmad Ali     Kisra     Suleiman Rotimi Iliasu     Tope Daramola     Budo-Egba     Solomon Edojah     2017 Budget     Toyin Abdullahi     Students Union Government     Police Commissioner     Kubra Kazum     Dan Iya Of Ilorin     Solomon Edoja     Lanre Jimoh     Asiwaju Bola Tinubu     Shaaba Lafiagi     Kuliyan Geri     Baruten     Jimoh Lambe Abdulkareem     Olusin Of Ijara Isin     KWTV     SGBN     Adijat Adebiyi     Zulu Gambari     Agboola Abdulraheem     Sunday Fagbemi     Air Peace     Tunji Oyawoye     EndSARS     Garuba Alikinla Shittu     Aisha Abodunrin Ibrahim     AbdulRauf Keji     Bello Taoheed Abubakar