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.

Sola Saraki Educational Foundation     Isiaka Saka Opobiyi     Yusuf Abubakar     Titus Suberu-Ajibola     Nurudeen Muhammed     Offa Poly     Yahaya Seriki     Opolo Global Innovation Limited     Danladi     IQRA College     Tsaragi/Share     GANZY     Vasolar Consortium     Mahmud Ayinla Giwa     Amule     Okoolowo     Hassanat Bello     Elerin Of Adanla Irese     CUTI     Samari     Adesina Simon Sodiya     Arandun     Suwa-Arabs     Oke-Oyi     Neo Mundo Ltd     Kehinde Baale     Ronke Adeyemi     Bola Sagaya     Alabe     Ilorin Durbar     Unilorin     Alfa Yahaya Road     Monsurat Omotosho     Talaka Parapo     Ahmad Fatima Bisola     Ubandoma     Yashikira     Jumoke F. Ajao     Alimi Abdulrazaq     Aishat Sulu-Gambari     Yemi Osinbajo     Abioye Bello     Busari Alabi Alausa     KWASIEC     Samuel Adaramola     Ayobami Akanbi     Folorunsho Erubu     Lafia Aliyu Korasabi     Chief Imam Of Omu-Aran     Moses Afolayan     Ajikobi     Share-Tsaragi     Ilorin Curfew     Jamiu Oyawoye     Gamji Members Association     Sebastine Obasi     Abdulwahab Olarewaju Issa     Ministry Of Women Affairs And Social Development     Pategi     Mutawali Of Ilorin     Mohammed Kamaludeen     Temitope Ogunbanke     Obayomi Azeez     Rafiu Ibrahim     Tuesday Assayomo     Bayo Lawal     Sola Saraki University     Mohammed Haruna     COEASU     Communication Network Support Services     Kabir Shagaya     FOMWAN     Shehu Adaramaja     Council Of The Wise     Bayo Mohammed Onimode     Oloje     Student Learning Support Helpline    

Cloud Tag: What's trending

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

IsDB     Ibraheem Abdullateef     Sheriff Shagaya     Lola Ashiru     Air Peace     Hamid Bobboyi     Justina Oha     Saraki     SWAN     Binta Abubakar-Mora     Kayode Bankole     Abdulazeez Uthman     Abdulwasiu Bolaji Adeyi     Khadijat Ayoola Yusuf     Yusuf Mubarak     Babatunde Ishola Babaita     Ilorin Innovation Hub     Patigi Regatta     Colleges Of Education Academic Staff Union     Abdulfatai Baakini     Moro     Dar-Al-Handasah Consultants Ltd     Press Release     Yakubu Shaaba     Oloriegbe     MINILS     Daud Adeshola     Ajasse-Ipo     AIT Ilorin     Joseph Alex Offorjama     Sun Qing Rong     Shuaibu Yaman     Doyin Group     Code Of Conduct     Lai Mohammed     Maigida Soludero Transit     Sobi Hill     Halimat Yusuf     Gbemisola Oguntimehin     Abdulfatai Ahmed     Erubu Oba Zubair     Ilorin South     Taiwo Joseph     Abdulrazaq Solihudeen     Gafaru Olayiwola Olorisade     Raheem Adaramaja     Tafida Of Ilorin     Fola Consultant     Waheed Ibrahim     Alliance For Democracy     Neo Mundo Ltd     Jumoke Gafar     Belgore     Olofa Of Offa     Abdulhakeem Amao     David Oyepinola Adedumoye     Ayegbeni     AbdulRazaq Jiddah     Shuaib Jawondo     Baruba     National Democratic Congress     Ado Bayero     Emmanuel Bello     Just Law Forum     Florence Saraki     Ajikobi     Shero     Folajimi Aleshinloye     Okeose Christian Cementary     Busari Alabi Alausa     Bio Ibrahim     Kazeem Oladepo     Maryam Ado Bayero     Clara Nwachukwu     Dar-Al-Handasah Consultants     Oye Tinuoye     Bayo Onimago