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.

Salman Suleiman     Yusuf Amuda Gobir     JAMB     Ilorin West     Umar Gunu     Aasiyat Bello Oyedepo     Kamaldeen Kehinde     Nagode     Kayode Alabi     Otuka     Abubakar Baba Sulaiman     Bayer Nigeria Limited     Saka Abimbola Isau     Durosinlohun Atiku     Umar Ayinla Saro     Abdul Jimoh Mohammed     AbdulRazaq AbduMajeed Alaro     Ilorin Likeminds Foundation     MMWG     Press Release     Budo-Egba     Kwha.gov.ng     Mujtabah Bature     Hamidu Olowo     Dar-Al-Handasah Consultants Ltd     Ayinde Oyepitan     Toyosi Thomas     Raji AbdulRasaq     Fatai Adeniyi Garba     Bello John Olanrewaju     Rebecca Bake     Vasolar Consultoria     Ogidi-Oloje     Plat Technologies Limited     Code Of Conduct     College Of Health     08001000100     Oke-Ode     Kannike     Ilorin South     Okasanmi Ajayi     Muhammed Mahe Abdulkadir     Asiwaju Bola Tinubu     Timothy Olatunde Fadipe     Local Government Pension Board     Elekoyangan     Awwal Jawondo     Gafaru Olayiwola Olorisade     Bola Magaji     Garba Idris Ajia     Park     Peter Amogbonjaye     NULGE     Allocation     Saidu Yaro Musa     Sheikh Ridhwanullah     Kwara State Geographic Information Service     Bello Oyebanji     KWATMA     Sa\'adu Salau     Lawal Jimoh     KSIRS     Oladimeji Thompson     Ilorin West/Asa Federal Constituency     Amuda Bembe     Kayode Ogunlowo     Bukola Saraki     Bio Ibrahim     Ajibola Saliu Ajia     Timothy Akangbe     Sheikh Ridhwanullah El-ilory     Law School Scholarship     Bayo Ojo     Afolayan     Age AbdulKareem     Ajibola Ademola Julius     Kwara United    

Cloud Tag: What's trending

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

Sabi     Tunji Arosanyin     Olusegun Adeniyi     Alloy Chukwuemeka     African Democratic Congress     IESA     Hajj     March 28     Rueben Parejo     Sulyman Buhari     Risikat Lawal     Kulende     Umaru Saro     International Public Sector Accounting Standards     Wahab Egbewole     Sheikh Ridhwanullah     Oke-opin     Kola Adesina     Elerin Of Erin-Ile     Salman Alada     Ojo Isekuse     Sobi Specialist Hospital     Shuaib Olarongbe     KWASSIP     Odolaye Aremu     Yusuf Abdulwahab     Olusin Of Ijara Isin     Hamid Bobboyi     Mohammed Ghali Alaaya     Kubra Kazum     Iyiola Oyedepo     Muhammadu Buhari     Abdulraheem Olesin     Aisha Ahman Pategi     Buhari     Al-Hikmah University     AbdulGaniyu Kareem     Sidikat Alaya     Halidu Danbaba     Ibrahim Bio     Okeose Christian Cementary     IYA ALFA NLA     Www.Kwarareports.com     Agboola Babatunde     Mahmud Ayinla Giwa     Bio Ibrahim     Maigida Soludero Transit     Eleja Taiwo Banu     Kwara TV     Obuh     Sa\'ad Alanamu     Prince Bola Ajibola     Firdaos Amasa     Charles Ibitoye     Tope Daramola     Rapheal Ashaolu     Ashiru     March 18     Majlis For Sadaqah, Zakat And Waqf     Yemi Osinbajo     Pius Abioje     Aliyu Umar     Wakilin Mata Lafiagi     Suwa-Arabs     Bahago     Zulu Gambari     Yusuf Abubakar     Principal Private Secretary     Olatunde Michaels     Oasis Muslim Care Foundation     Patience Jonathan     Khairat Gwadabe     Ibrahim Abdulkadir Abikan     Mustapha Akanbi     Abdullah Janet Amudat     Imodoye Writer’s Enclave     Oba Abdulrahim