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.

George Innih     Rashidi Yekini     Guber Aspirant     TETFUND     Yaru     Ope Saraki     Amuda Aluko     ARMTI     Lanre Issa Onilu     Monthly Sanitation     Tanke Flyover Bridge     Salihu S. Yaru     Yusuf Arowosaye     Ademola Kiyesola     Toyin Falola     Musa Yeketi     Islamic Development Bank     Abubakar Abdullahi Bata     Olam Food Ingredients     Asa LGEA School     Baakini     Aminat Omodara     Afusat Nike Ibrahim     Bello Oyedepo     Ilorin Talaka Parapo     Aisha Buhari     Economic And Financial Crimes Commission     Monkey Pox     Ilesha-Baruba-Gwanara     Sunday Otokiti     Afetu Of Alabe     Lai Gobir     Mamman Saba Jibril     Afeyin-Olukuta     Okin Biscuits     Old Oyo     Fatimoh Lawal     SSA Youth     Ibrahim Taiwo Road     Lithium     Yusuf Abubakar     Unilorin     Halimat Yusuf     Federal College Of Education (Special), Afon     Olubukola Kifayat Adedeji     Oke-Ode     Ayo Opadokun     George Funsho Adebayo     Volunteers Of Ilorin Community And The Emirate     Ibrahim Abdulkadir Abikan     National Party Of Nigeria     Christopher Tunji Ayeni     Abdulrazaq Adebayo     Ijagbo Health Centre     Basit Olatunji     Olatunde Jare     AGF Abdulrazaq     Bluenile Associates     T And K FOODS     Durbar     Abdulmalik Bashir Mopelola Risikatullahi     Olohungbebe     Abdulmutalib Shittu     Alikinla     CCB     ASKOMP     Labaeka     NIPOGA     Noah Yusuf     Taofeek Sanusi     Farouk Salim     Mohammed Yahaya Barki     Sheikh Hamzat Yusuf Ariyibi     AbdulRazaq AbduMajeed Alaro     Shehu Salau     Tunji Ajanaku     Age AbdulKareem    

Cloud Tag: What's trending

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

Amuda Aluko     James Kolo     Ilorin Muslim Community     Unilorin FM     Taofik Abdulkareem Babaita     Erubu Oba Zubair     Hydro-electric Power Producing Areas Development Commission     Kazeem Gbolagade     Mohammed Saidu     Bello John Olanrewaju     Babajide Ajayi     Moronfoye     Ibrahim Abdulqadir Abikan     Joseph Bamigboye     Yahaya Dumoye     Kulende-UITH     Onilorin     General Hospital, Ilorin     Yomi Adeboye     Folashade Omoniyi     General Tunde Idiagbon International Airport     Adeola Abraham     Nigeria Association Of Women Journalists     Mope Dasuki Belgore     Ganmo     Donatus Ejidike     Maja     UNILORIN Alumni     Colleges Of Education Academic Staff Union     CBT     HICA     Bamidele Adegoke Oladimeji     Oba Abdulraheem     Ilorin Like-Minds     Oba-Solagberu     Yahya Mohammed     Moshood Bakare     Kwara 2019     Olomu     Hakeem Lawal     Lawal Arinola Kudirat     March 28     Aminu Adisa Logun     Hijaab     Nigeria Governors\' Forum     Sobi     Sodiya     John Obuh     Sherif Shagaya     Ben Duntoye     JUSUN     Sardauna Of Ilorin     Idi-Ape     Park     Kassim Babamale     SWAN     Sheriff Olanrewaju     Ilesha Gwanara Road     NTA Ilorin     Yusuf Mubarak     Freshvine Nigeria Limited     Bayer AG     George Innih     Peculiar Allowance     Abdulganiyu AbdulAzeez     Communication Network Support Services     Muhammad-Mustapha Suleiman     Garment Factory     Ayodele Kuburat Olaosebikan     ANCOPPS     Abdulahi Abubakar Bata     Ahman Pategi University     Muhammad Ghali Alaaya     Kale Belgore     Saka Abimbola Isau     Joshua Adeyemi Adimula     Solomon Edoja