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.

AbdulRaheem Ahmad Shayi     Standard Organization Of Nigeria     Memunat Monsuma     Baba Isale     Garba Ayodele Wahab     Special Agro-Industrial Hub     Sunset Workers     Kwara Metro Park     Kale Ayo     Ogbondoroko     Kazeem Oladepo     Apado     Bayo Ajia     Ibrahim Abduquadri Abikan     Abdulkareem Alabi     Madawaki Of Ilorin     AbdulRauf Keji     Yomi Ogunsola     Abdulraheem Yusuf     Kwara North     Raliat Islamic Foundation     Abubakar Kawu Baraje     Babajide Ajayi     Ibrahim Taiwo     Salihu Ajibola Ajia     CCEPE     Seni Saraki     Afeyin-Olukuta     SSUCOEN     Abdulrahman Iliasu     Afetu Of Alabe     Sadiq Buhari     Rueben Parejo     Kwara Poly     Na\'Allah     Ibrahim Orire     Communication Network Support Services     Alanamu     Transition Implementation Committee     Saka Keji     Abdulrahman Abdulrazak     Hakeem Idris     Ilorin Likeminds Foundation     Abdulkadir Remi Hawawu     KWSUED     Sambo Murtala     Adamu Attah     Saka Aleshinloye     Akande Idowu Ayoola Muhammed     Damilola Yusuf     Kwara State Council Of Chiefs     Mike Omotosho     Funmilayo Zubair     Adama Isa     Yusuf Aiyedun     Gbadeyan Gbadura Yomi     Aliyu Muhammad Saifudeen     Hauwa Nuru     MINILS     Tunde Akanbi     Samuel Olusegun Adedayo     Olosi Of Osi     IEDPU     Surajudeen Akanbi     Kemi Adeosun     Ibikunle Ogunleye     Rafiu Olasile     Aisha Ahman Pategi     Hamid Bobboyi     Amosa     Ibrahim Agboola Gambari     Yakub Lai Gobir     Jelili Yusuf     Geri-Alimi Split Diamond Interchange     Yaman     Wahab Egbewole     Alfa Modibbo Belgore    

Cloud Tag: What's trending

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

Galland Marcias     Haruna Olawale Sulaiman     Ayekale     Ibrahim Orire     Omar Bolaji Gambari     Tsado Manman     April 11     Abdullah Janet Amudat     Afeyin-Olukuta     Oniwasi Agbaye     Tunde Idiagbon Road     Busari Alabi Alausa     Lawal Olohungbebe     Salihu Ajia     Ibrahim Abdulqadir Abikan     Balogun Gambari     Muhammed Akanbi     Makama Of Ilorin     Kwara State Coalition Of Business And Professional Associations     Khadijat Ayoola Yusuf     Ramadan     Afin Descendants Union Of Odo-Owa     Bankole Omishore     Abdulkadir Jimoh     Kudirat Arinola Lawal     Olatunji Moronfoye     Tinubu     Quarry Royal Valley     Shuaib Abdulkadir     Abdullahi Saadudeen Alikinla     Kunle Akogun     Isiaka Saka Opobiyi     Economic And Financial Crimes Commission     Kwara North     Talaka Parapo     M.Y. Abdulrahaman     Muhammad Fawaz Abubakar     Galadiman Ngeri     Chemiroy Nigeria Limited     Gwanara     ER-KANG     IESA     Olayinka Jelili Yusuf     Toyin Abdullahi     Niyi Ogundiran     Olatunji Bamgbola     First Lady     Ahmed Dankaya     Y.A. Abdulkareem     Mufutau Olatinwo     Stephen Fasakin     Babata     Orisa Bridge     AbdulQowiy Olododo     Tunji Moronfoye     Just Law Forum     Ijakadi     Abdulrazaq Akorede     Salihu Jibril Garbi     Pakata Development Association     Maimunat Oloriegbe     Turaki Of Ilorin     Moses Rahman Popoola     Sarah Jubril     Doyin Agbamu     Alagbado     NTA Ilorin     Jimoh Akani     Adedipe     Yahaya Abdulkareem Babaita     Deji Ajani     Universal Basic Education Commission     Joseph Yemi Ajayi     NaAllah     Dankaka     Mogaji Aare     KSIRS