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.

Solomon Edoja     State Bureau Of Internal Revenue     Oke-Odo     Tunde Yusuf     Kwabes     Yaman     Muhammadu Gobir     Sai Kayi     Kwara State Health Insurance Agency     Post-utme     BIR     Association Of Kwara State Online Media Practitioners     Amusement Park     Crystal Corner Shops     Ahmad Lawan     Emmanuel Bello     Alliance For Democracy     Yusuf AbdulRasheed     Iqra Books     Saraki     Abubakar Baba     Olabode Towoju     Abioye Bello     Balogun Ajikobi     Sanusi Abubakar     Oluwarotimi Boluwatife Adenike     Mustapha Olanipekun     Abdulquawiy Olododo     Simeon Sayomi     Omu-aran     Law School Scholarship     Joseph Yemi Ajayi     Special Agro-industrial Processing Zone     Bello John Olanrewaju     Yusuf Lawal     Isiaka Oniwa     Rueben Parejo     Haashim Initiative For Community Advancement     Fatima Abolore Jimoh     EndSARS     Ijakadi     Christian Association Of Nigeria     Abdulquowiyu Olododo     Damilola Yusuf Adelodun     UITH     Ilorin Like-Minds     Apaokagi     Yakubu Danladi     Woro     Azeez Salawu     Principal Private Secretary     Wasiu Onidugbe     Boko Haram     Sulyman Abdulkareem     Neo Mundo Ltd     Maigidasanma     Kumbi Titilope     Mutawali Of Ilorin     Mamatu Abdullahi     Amuda Bembe     JAMB     Budo Egba     Umaru Saro     Toyosi Thomas     Jumoke Monsura Gafar     Olohungbebe     Musa Aibinu     Muslim Media Watch Group Of Nigeria     Imodoye Writer’s Enclave     Jide Ashonibare     JAAC     Tosho Yaqub     Timothy Akangbe     Mohammed Saidu     Oladipo Akanmu Tolani     Ahmad Olanrewaju Belgore     Unilorin    

Cloud Tag: What's trending

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

Mohammed Yisa     Kwara State Pension Board     Congress For National Consensus     Kwara TV     Kwara Restoration Project     Oye Tinuoye     11th Galadima     Olota Of Odo-Owa     Elerin Of Erin-Ile     Oro Grammar School Old Students Association     Kale Kawu     Olatunde Jare     Abdulrasaq Alaro     Lafiagi     Mahmud Ajeigbe     Nnazua     Ayodele Kuburat Olaosebikan     Suleiman Abubakar     Kwara Muslim Pilgrims Welfare Board     Gamji Members Association     Tunde Idiagbon Road     Oyun     Kudirat Arinola Lawal     Garuba Alikinla Shittu     Abdul-Rahoof Bello     Communication Network Support Services     Zulkifli Ibraheem     Ayoade Akinnibosun     Raheem Adaramaja     Yemi Sanni     Aliyu Alhassan     Moshood Kashimawo Abiola     Baboko Primary School     Baaziki Sulaiman     Wahab Isa     Transition Implementation Committee     Gbugbu International Market     TIC     Ahmed Dankaya     IFK     Edu     Raliat Islamic Foundation     Michael Nzwekwe     Senior Staff Union Of Colleges Of Education     Towobola Abdulrahman Toyin     Rashidi Yekini     Geri-Alimi Split Diamond Interchange     Ojuekun Sarumi     Kola Adesina     AbdulRazaq AbduMajeed Alaro     Solomon Edojah     Overland     Kwara State Internal Revenue Service     Ilorin Muslim Community     Bello Bature     M.Y. Abdulrahaman     Illyasu Abdullahi     Sunday Fagbemi     Gafaru Olayiwola Olorisade     Afetu Of Alabe     Adeniyi Ojo     Peculiar Allowance     Hausa     School Of Nursing     Hassanat Bello     Ayinde Oyepitan     Adam Abdullahi Al-Ilory     Galadima     Muslim Media Watch Group Of Nigeria     Ghali Alaaya     Mubarak Oladosu     Centre For Digital Economy     Bashir Omolaja Bolarinwa     Ahman Patigi     Olatunde Michaels     KWSIEC     Igosun