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.

Kisra     Sarkin Malamai     Hajj     Funmilayo Zubair     Hassan A. Saliu     Osuwa     TESCOM     Alfa Belgore     Alabi Lawal     Aishatu Ahmed Gobir     Saka Isau     College Of Health     Kwara NIPR     AbdulRasaq Abdulmajeed Alaro     Mohammed Jimoh Faworaja     Abdulhakeem Amao     Bisi Oyeleke     Elerin Of Erin-Ile     Sardauna Of Ilorin     Kwara 2019     Suleiman Yahya Alapansapa     Ita-Nmo Market     Harrison Osauwagboe     Saduki Lafiagi     Abdul Jimoh Mohammed     Oyun     Malete     Bola Ahmed Tinubu     Usman Rifun     Adesoye College     JMK Construction Company Limited     General Hospital     Convocation Ceremonies     Kannike     Bola Magaji     Lawal Jimoh     IF-K     HAMFAT Clinic And Maternity     Emmanuel Olatunji Adesoye     Moses Rahman Popoola     Hamza Usman     Olugbense     Sheriff Shagaya     Yusuf Lawal     Clement Yomi Adeboye     Oyedepo     Kwabes     John Olajide Adedipe     Yaru     Read With Me     Shuaib Jawondo     Joseph Offorjama     Ramadan     Ahmed Saidu Rufai     Yusuf Mubarak     Mazars Consulting     Ademola Kiyesola     Garba Ayodele Wahab     Yekini Adio     Vasolar     Plat Technologies     Sunset Workers     Dele Belgore     Odogun Olushola Gabriel     Bola Shagaya     Sheikh Alimi     Kamaldeen Kehinde     Raliat Islamic Foundation     Abubakar Baba     Olatunji Abdulmumeen     Shururat Olatinwo     David Oyepinola Adedumoye     ASKOMP     Aro Yahaya     Oniye     Magaji Erubu     Ayekale    

Cloud Tag: What's trending

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

Federal Road Maintenance Agency     Presidential Election     Isaac Aderemi Kolawole     Bamidele Aluko     Kaiama     Gbenga Adebayo     ASMAU PLAZA     Galland Marcias     Abubakar Baba Sulaiman     Ibrahim Akaje     Lai Mohammed     Playing Host     Oko-Olowo     NITDA     Danladi     Isapa     Muhammad Mustapha Suleiman     Kamaldeen Ajibade     Ayodele Olaosebikan     Osi     Mopelola Abdulmaliq-Bashir     Iyabo Adisa Ibiyeye     Kamaldeen Gambari     Usman Yunusa     Ibrahim Gambari     Wahab Issa     George Funsho Adebayo     Orire     Ilesha Gwanara Road     Ayobola Ipinlaiye     Ishak Mohammed Sabi     Sai Kayi     Wahab Olasupo Egbewole     Saliu Shola Taofeek     Ahman Pategi     Oloyede     Gbenga Olawepo     Mamman Saba Jibril     Senior Special Assistant On Student Affairs     Adamu Atta     Aisha Abodunrin Ibrahim     Adekunle David Dunmade     Damilola Yusuf     Nigeria Association Of Women Journalists     Hikmah AbdulKareem     Amina El-Imam     Yahaya Dumoye     AGILE Programme     Mohammed Ibrahim     Jide Ashonibare     NAWOJ     Yahya Mohammed     Ilorin South Constituency     Majlis For Sadakah, Zakat And Waqf     Moses Rahman Popoola     Mustapha AbdulGaniyu     Isiaka Rafiu Mope     Chief Of Staff     Kazeem Oladepo     Basit Olatunji     Senate     Harafat E. Mukadam     Ado Bayero     Soffiyyallah Kamaldeen     Doyin Agbamu     Bursary     Moji Makanjuola     Kwasu     Isaac Gbenle     PAACO-PCL Consortium     Tayo Awodiji     Pius Abioje     Saduki Lafiagi     Kolawole Akande     Akom Construction And Engineering Synergy Ltd     Suleiman Alege Kuranga     Babatunde Idiagbon