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.

Jimba Babatunde     Mohammed Lawal Bagega     NSCIA     Lateef Ademola Olatunji     Okanlawon Musa     Abdulfatah Ahmed     ASKOMP     Obasanjo     Olaoye B. Felix     Moses Salami     Saadu Gbogbo Iwe     Ibrahim Mohammed     Manzuma     Facebook     Dele Momodu     Yahaya Abdulkareem     Wahab Abayawo     Eghe Igbinehin     Tunde Kazeem     Ilorin Amusement Park     Ajibike Katibi     Emmanuel Olatunji Adesoye     Bola Magaji     Rotimi Oyedepo     Abdulkareem Alabi     Prince Bola Ajibola     Kamoru Kadiri     Law School Scholarship     Alumni Association Of The Federal Polytechnic Offa     Alao Ayotunde     Unilorin FM     Playing Host     KWASAA     Saka Balikis Kehinde     Musa Aibinu     Aishatu Ahmed Gobir     Olusola Saraki     Yaman     Dan-Kazeem     Kwara Hotel     Modibo Kawu     Tunde Akanbi     Association Of Kwara State Online Media Practitioners     AbdulGaniyu Kareem     Sebastine Obasi     Aliyu Adebayo     Hamid Bobboyi     Saheed Akinwumi     Olayinka Olaogun     Akume     Kupchi Hosea Maxwell     Undergraduate Bursary     Simeon Ajibola     Ridhwanullah Al-Ilory     Bayer Nigeria Limited     Iyabo Dupe Adekeye     Oluwarotimi Boluwatife Adenike     Babatunde Ishola Babaita     Kwara State Polytechnic     Muhammadu Gobir     Afonja Descendants Union     Amoyo     NIPR     Sam Okaula     LEAH Charity Foundation     Bello John Olanrewaju     Bayo Ojo     Ahmad Lawan     Baba Issa     Aminat Ahmed     Simeon Sule Ajibola     Durbar     Oyelere Oyinloye     Modupe Oluwole     Olokoba Abdullahi Ayinla     Shururat Olatinwo     John Olajide Adedipe    

Cloud Tag: What's trending

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

Is\'haq Modibbo Kawu     Baruba     Henry Olaosebikan     Musibau Akanji     Ayobami Seriki     Bello Taoheed Abubakar     Col. Ibrahim Taiwo     Joseph Bamigboye     Wahab Abayawo     ASUU     AbdulQowiy Olododo     Ballah     Olabanji Orilonishe     Women For Change And Development Initiative     Doyin Agbamu     Lawan     Ibrahim Oloriegbe     Olaitan Adefila     Hikmah AbdulKareem     Olajumoke Monsura Gafar     20 Billion Bond     Mogaji Aare     Agor     Kwarareports     Saudat Abdulbaqi     Toyin Falola     Amasa     Muhammadu Buhari     Abubakar Usman Jos     Garba Ado Sanni     Kehinde Baale     Irepodun     Sheikh Ridhwanullah     Kemi Adeosun     Gurei     Aminu Ado Bayero     Taiwo Joseph     KFA     Baboko Primary School     Amina El-Imam     Alabe     Ayobami Akanbi     Bahago     Isiaka Yusuf     Albert Ogunsola     Adaramaja     Kwara State Coalition Of Business And Professional Associations     Kawu Baraje     Neo Mundo Ltd     Government Girls’ Day Secondary School Pakata     Sulyman Age AbdulKareem     James Ayeni     State Bureau Of Internal Revenue     JAAC     Olushola Saraki     AGILE Programme     Kwara Volleyball Association     Abdulquawiy Olododo     Bolaji Nagode     Awoye     Ayodele Olaosebikan     Muhammed Danjuma     Dumagi     Kamaldeen Kehinde     Abatemi-Usman     Aiyedun     Khairat Gwadabe     JSSCE     Ahmed Saidu Rufai     Tinubu Legacy Forum     Saadu Yusuf     Ajayi Okasanmi     Abdulkadir Jimoh     College Of Health     Balogun Gambari     Akom Construction And Engineering Synergy Ltd     Basit Olatunji