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.

Y.A. Abdulkareem     Babaita     Olota Of Odo-Owa     Ilorin Central Mosque     Olatunji Bamgbola     Alfa Modibo Belgore     Jimoh Olusola Imam     Ojuekun     Alaro     Presidential Election     Bola Ahmed Tinubu     Yusuf Lanre Badmas     Abdulmumini Sanni Jawondo     Yahaya Seriki Gambari     Gbemisola Saraki     Fatai Olodo     MalHub     Kwara-SAPZ Project     Folashade Omoniyi     Kwara Coalition Of Business And Professional Associations     Oba Of Jebba     Kamaldeen Ajibade     Rebecca Bake     Afusat Nike Ibrahim     Ibrahim Abiodun     Kumbi Titiloye     Apata Ajele Secondary School     Sidikat Uthman Ajibola     Gbenga Awoyale     Durosinlohun Atiku     Fatai Adeniyi Garba     Saka Aleshinloye     Oke-opin     Muyiwa Oladipo Kanu     Joseph Yemi Ajayi     Jumoke Monsura Gafar     Neo Mundo Ltd     Kolade Solagberu     Nigerian Supreme Council For Islamic Affairs     Abraysports FC     Ahmad Belgore     Eleja     Yashikira     Ambassador Kayode Laro     March 18     Olomu Of Omu-Aran     National Broadcasting Commission     KWASIEC     3MTT     Galadiman Ngeri     Risikat Lawal     Sheikh Alimi     Waziri Yakubu Gobir     Bello Oyebanji     Share-Tsaragi     Mazars Consulting     Hamidat Sulyman-Yusuf     Musa Alhassan Buge     Yahaya Seriki     Shuaib Olarongbe     United Nigeria Airline     Ajia-Bako     Isaac Gbenle     Fatimah Abdulkadir     Owo Isowo     Rabiu Kwankwaso     Henry Makinwa     Osuwa     Simon Sayomi     Oyin-Zubair     Donatus Ejidike     Ajuloopin     Valsolar     Tunji Olawuyi     Emir Of Kano     Nigeria Computer Society     Mustapha Olanipekun    

Cloud Tag: What's trending

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

Moses Adekanye     Kwara-SAPZ Project     NITDA     SSUCOEN     Abdulraufu Mustapha     2017 Budget     Universal Basic Education Commission     Bashir Adigun     Kwara State Fire Service     Ibrahim Abdulkadir Abikan     Muhammed Danjuma     Lafiagi     Yaru     Muhammad Yahya     Wasiu Odewale     Yusuf Ibitokun Sherifat     Wahab Femi Agbaje     Florence Saraki     Lithium Deposit     Mohammed Ibrahim     Bankole Omishore     Sheu Ndanusa Usman     Ayegbeni     Amusement Park     Kwara State University Of Education     Emmanuel Bello     Odogun Olushola Gabriel     Ganiyu Abolarin     Haleeman Salman     Idi-Ape     Emir Of Kano     Nurudeen Mohammed     Aminu Ado Bayero     Facebook     Balogun Fulani     Azeez Bello     Afusat Nike Ibrahim     Kwara State Fish Farmers Association     Ubandawaki     Www.Kwarareports.com     Obayomi Azeez     Oniye     Saliu Ajia     Isiaka Yusuf     Garba Idris Ajia     Ibrahim Issa Jetti     ITEM 7     Kaosarah Adeyi     Tosho Yaqub     NURTW     Ilorin Airport     Abubakar Lah     Old Oyo     Bashiru Makama     Share/Tsaragi     Summit University     Oloyede     Kwara Metro Park     Chief Of Staff     Ilorin Metro Park     Gabriel Fashanu     Afonja     Ahmed Shuaib Buranga     Inside Kwara     Alfa Belgore     Abdulkadir Bolakale Sakariyah     Coronavirus     Yunus Oniboki     Kannike     Abdulrasaq Alaro     General Tunde Idiagbon International Airport     Post-utme     Afetu Of Alabe     Atiku     Sabi     Student Learning Support Helpline     Christian Association Of Nigeria