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.

Abdulfatai Baakini     Lola Ashiru     Bayer Nigeria Limited     Abdulrahman Onikijipa     Ajia-Bako     Col. Adedipe     Kwara Basketball Association     Valsolar Consortium     Gafaru Olayiwola Olorisade     Siraj Oyewale     Ibrahim Abdulkadir Abikan     Kayode Ishola     Rex Olawoye     Olabimpe Olani     Musa Alhassan Buge     Adekunle David Dunmade     Abdulmumini Sanni Jawondo     Bashirat Bola Bello     Yakubu Shaaba     Timothy Akangbe     SSUCOEN     Hameed Oladipupo Ali     Toyin Sanusi     Federal Polytechnic Offa     Ilorin Emirate Stakeholders Forum     Local Government Pension Board     Nagode     Edret Sabi Abel     Kanu Agabi     Aliyu Adebayo     Aso-ofi     Omu Aran     Raheem Adaramaja     Sa\'adu Salau     Michael Nzwekwe     Bashir Badawi     Ganiyu Taofiq     Ajuloopin     Yahaya Abdulkareem Babaita     Aminat Ahmed     Revenue Court     Durosinlohun Atiku     New Nigeria People’s Party     Paul Olawoore     Aremu Bose Deborah     Busari Toyin Isiaka     Olatunji Abdulmumeen     Oniye     Maimunat Oloriegbe     Charles Ibitoye     Adewuyi Funmilayo     Baba Adini Of Kwara State     EFCC     Mohammed Lawal Bagega     IYA ALFA NLA     Yusuf Abubakar     Saba Jibril     IHS     Idi-Ape     Mohammed Ibrahim     George Innih     Borgu     Bello Bature     Akanbi-Oke     Deji Ajani     Opolo Global Innovation Limited     Rotimi Atere     Babatunde Ajeigbe     Wahab Agbaje     KwaraLearn     Kale Kawu     Idris Amosa Saidu     Eghe Igbinehin     Ganiyu Abolarin     Lasiele Alabi Yahaya     Moji Makanjuola     Zubair Folorunsho Erubu    

Cloud Tag: What's trending

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

Orisun Igbomina     Dumagi     Oke Sunna     Amule Elementary School     Sobi     Government High School Adeta     Olubukola Kifayat Adedeji     Muyideen Ajani Bello     Centre For Community Empowerment And Poverty Eradication     National Union Of Road Transport Workers     Abdulrahman Abdulrasak     Tunde Akanbi     Olusegun Adeniyi     Abdullahi Biffo     Kwara University Of Education     Labaeka     Nigeria Computer Society     Suleiman Yahya Alapansapa     Onilupeju Of Ilupeju     Code Of Conduct Bureau     Shaaba Lafiagi     Gbadeyan Gbadura Yomi     Adanla-Irese     Ajikobi     Akande Idowu Ayoola Muhammed     Tayo Alao     Vasolar Consultoria     Bello Oyedepo     Balogun-Ojomu     Emmanuel Bello     Ubandoma Of Ilorin     Democracy Day     3MTT     Henry Makinwa     General Hospital, Offa     Elerinjare-Ibobo     Ibraheem Adeola Katibi     Sabo-Oke     Yoruba     Raji AbdulRasaq     Grillo     Afolabi-Oshatimehin     Dunmade     Kupchi Hosea Maxwell     Folajimi Aleshinloye     Abdulrauf Aliyu     Ishaq Abdulkarim     Issa Memunat Moyosore     Quranic Recitation Competition     Okoolowo     Mashood Abdulrafiu Agboola     Kwara Politics     Omoniyi     Bolaji Aladie     Pacify Labs     April 11     Ahmed Bayero     Suleman Abubakar     Oloje     Ilorin Talaka Parapo (ITP)     Elerin Of Adanla Irese     Muslim Cementary     Aliyu Sabi     Abdulganiyu AbdulAzeez     Suleiman Rotimi Iliasu     Shaykh Luqman Jimoh     Binta Sulyman     Nigeria Governors\' Forum     Abubakar Baba     Jeunkunu-Malete-Bani     Gafaru Olayiwola Olorisade     Raliat Elelu-Habeeb     John Mayokun Dada     Wahab Issa     Taofik Abdulkareem     Lawal Jimoh     Alfa Belgore