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.

Emir Of Ilorin     Kwara State Football Association     Public Holiday     Raliat Islamic Foundation     Kabir Shagaya     Folaranmi Aro     Ita-Ore     Moremi High School     Shehu Adaramaja     Joana Nnazua Kolo     Ajibike Katibi     Kwara State Coalition Of Business And Professional Associations     MAI Akande     Ilorin.Info     Monsurat Omotosho     Akeem Lawal     Funmilayo Zubair     Abubakar Kawu Baraje     Azeez Bello     Okedare     Baba Adini Of Kwara State     Arinola Lawal     COEASU     Amuda Bembe     Sarah Jubril     Olayinka Jelili Yusuf     Salmon Babatunde Salmon     Saidu Isa     Magaji Erubu     Sheriff Olanrewaju     Micheal Imodu-Ganmo Road     Isiaka Oniwa     Read With Me     Academic Staff Union Of Universities     Oke-opin     Kulende-UITH     Abdulhakeem Adelaja Amao     Abubakar Abdulraheem     Bolakale Saka     Tanke Flyover Bridge     KWASSIP     Durosinlohun Kawu     Mohammed Yahaya Barki     Maryam A. Garuba     Abdulmalik Bashir Mopelola Risikatullahi     Kayode Yusuf     April 11     Elerin Of Erin-Ile     Abdullahi Samari     Adekunle David Dunmade     Moses Salami     Irepodun     AbdulRahman Saad     Shehu Alimi Foundation     Mahmud Ajeigbe     Abdulrasheed Akogun     Olateju Lukman     Oko-Erin     Fatimoh Lawal     Ijakadi     Ezekiel Yissa Benjamin     Esinrogunjo     Federal Allocation     Abdulrasheed Na\'Allah     Shuaib Boni Aliyu     Ajike People Support Centre     Kwarareports     NIRSAL     Sherif Shagaya     Kwara Teaching Service Commission     Principal Private Secretary     Yoonus Lawal     Chief Imam Of Lafiagi     Ileloke     Offa Descendants Union     Kwara Volleyball Association     NAWOJ    

Cloud Tag: What's trending

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

Abdulazeez Uthman     Senate     Kehinde Baale     Orisa Bridge     Suleiman Rotimi Iliasu     Razak Atunwa     Abdullateef Abdussalam     Plat Technologies     Baba-Isale     Vasolar Consortium     Chief Imam Of Offa     Playing Host     Sheikh Ridhwanullah El-ilory     College Of Education     Fatai Garuba Labaka     Olawuyi     Kola Bukoye     Ibraheem Abdullateef     Bio Ibrahim     Olukotun Of Ikotun     Wahab Agbaje     Abdulmajeed Wahab     Yusuf Ali     KWTV     Abdulazeez Arowona     Mohammed Khadijat Kubura     SSA Youth Engagement     S.O. Opowoye     Bayo Onimago     NFAI     Mohammed Haruna     Amos Justus Sayo     Muhammad Akande Olarewaju Odunade     Ilorin Like-Minds     Kwara TV     Aliyu Kora Sabi     Femi Agbaje     NURTW     Laolu Saraki     Elerinjare-Ibobo     Mufti Of Ilorin     Olusin Of Ijara Isin     Kulende-UITH     Abdulrauf Aliyu     Leke Ogungbe     Marufat Oladosu     Gani Saadu     Afolasade Opeyemi Kemi     Henry Makinwa     CACOVID Palliatives     LEAH Charity Foundation     Jeunkunu-Malete-Bani     Baaziki Sulaiman     Shao     Kwara Primary Health Care Development Agency     Florence Saraki     Pacify Labs     Ndama Al-hassan     Mubarak Oladosu     Iyabo Dupe Adekeye     Rihanat Ajia     Adamu Ibrahim Sabi     Bilikisu Oniyangi     Kwara State Health Insurance Agency     Alapansapa     Rapheal Ashaolu     John Olobayo     Agor Market     Offa Poly     Old Oyo     Isiaka Danmeromu     Adama Isa     Okala Baba     Isiaka Saka Opobiyi     Muslim Cementary     Kazeem Gbolagade     T And K FOODS