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.

Oloriegbe     A.E. Afolabi     Ajibola Saliu Ajia     Olaiya Zuberu     Oju Ekun Sarumi     Abubakar Abdullahi Bata     Ibrahim Abdulqadir Abikan     Ibrahim Kayode Adeyemi     IHS     Hikmah AbdulKareem     Royal FM     NIRSAL     Samari     Rice Farmers Association Of Nigeria     GRA     Kwara State Infrastructure Development Fund     Ilorin South     Opaleke Bukola Iyabo     Kwara Muslim Pilgrims Welfare Board     Sarafadeen Kayode Akorede     Stephen Fasakin     Aso-ofi     Abdul-Rasheed Na\'Allah     Elekoyangan     Coronavirus     Vasolar Consortium     Jumoke Gafar     Crystal Corner Shops     Imam Gambari     Sheikh Ridhwanullah El-ilory     Ilorin Muslim Community     Abatemi-Usman     Ado Ibrahim     KWACOBPA     Olupako Of Share     Kwara NIPR     AbdulRazaq Abubakar Jiddah     Oasis Muslim Care Foundation     Maigida Soludero Transit     Gbemisola Oguntimehin     Awoye     Sola Saraki University     Sabo-Oke     Raymond Olaitan     Yetunde Balogun     Abdulmumini Sanni Jawondo     Ibrahim Labaika     Ali Ahmad     Moremi High School     Coalition Of Kwara North Groups     Ayekale     Ibrahim Mashood     Sayomi     Muritala Olarewaju     Waheed Ibrahim     Twitter     Sambo Murtala     Garuba Alikinla Shittu     Yusuf Lanre Badmus     Raji AbdulRasaq     Vasolar-Kwara Company Ltd     Patigi Regatta     Gbenga Adebayo     Jimba Babatunde     Muhammad Mustapha Suleiman     Fola Consultant     Folashade Omoniyi     Oni Adebayo     Eghe Igbinehi     Joseph Offorjama     Kwabes     Nigeria Computer Society     Amasa     EFCC     Senate     Solomon Edoja     Tsado Manman    

Cloud Tag: What's trending

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

Hijab     ARMTI     Alumni Association Of The Federal Polytechnic Offa     A.G.F Abdulrasaq     Vishvas KOZ Tractors     Ishola Abdullahi     Kaosarah Adeyi     Nagode     Bamidele Adegoke Oladimeji     Saadu Alanamu     Alaaya     Sheikh Ridhwanullah     Yakub Ali-Agan     Akeem Olatunji     KWATMA     Stephen Fasakin     Ibrahim Oniye     Naira Redesign     Salami Adekunle     Sidikat Akaje     Basit Olatunji     Valsolar Consultoria     Abdullahi Biffo     Joana Nnazua Kolo     Rueben Parejo     Odolaye Aremu     CELF     Government High School Adeta     Saheed Alakoso     Yusuf Lanre Badmas     NYSC     Oju Ekun Sarumi     Kwara State Health Insurance Agency     Ola Falade     Valsolar     Olota Of Odo-Owa     Saliu Ajia     Mohammed Ajia Ibrahim     Mahmud Babatunde Baker     Bilikisu Gambari     Coronavirus     Sidikat Uthman Ajibola     Lanre Badmus     High Court     Abiodun Jacob Ajiboye     Rotimi Atere     Ahmad Fatima Bisola     Ile Arugbo     Maimunat Oloriegbe     Sunday Otokiti     Paul Olawoore     Saad Omo\'ya     Shuaib Olarongbe     Turaki Of Ilorin     Moshood Mustapha     Tsado Manman     YAKOOYO     RTEAN     Ilorin Amusement Park     Saudat Abdulbaqi     All Confederation Of Principals Of Secondary Schools     Kola Olota     Bello Taoheed Abubakar     Falokun-Oja     M.Y. Abdulrahaman     Boko Haram     Olugbense     Samuel Elizabeth Keatswa     Amuda Musbau     Ganmo     Taofeek Sanusi     Yekini Adio     Sobi FM     Simon Sayomi     ASMAU PLAZA     Iliasu     Women Radio