Legal Practitioners, under the aegis of the Muslim Lawyers’ Association of Nigeria (MULAN) has recommended the strengthening of the court of arbitration in Nigeria for an improved internally generated revenue and national development.
A chartered arbitrator and Senior Advocate of Nigeria (SAN), Olatunde Busari, emphasised the importance of arbitration in national development, saying “if arbitration is practised as it should be, investments will come to Nigeria.”
He made the call in his keynote lecture titled, ‘General Overview of the Law Practice and Procedure of Arbitration in Nigeria’, delivered at the 15th Annual General Conference of MULAN, held at the International Conference Centre, University of Ibadan, Ibadan, Oyo State.
Busari, an immediate past President of the Chartered Institute of Arbitrators (UK) Nigeria branch, said the establishment of an arbitration-friendly environment in Nigeria would catalyse economic development.
He noted that the failure of arbitration has further decline in the number of investors in the country.
He stated; “By doing that, Nigeria will be a fertile ground for arbitration because arbitration breeds investments. If Nigeria is arbitration-friendly, more investors will come to Nigeria because they know that your judicial regime supports the process of arbitration and that if there is a dispute, you have a good platform to administer and to conduct arbitration the way it should be conducted.”
Busari stressed that extensive training in arbitration for both lawyers and judges is crucial to empower parties involved to fully understand the process, and discourage manipulative tactics by some lawyers. He asserted that a strong foundation in arbitration would prevent its misuse as a mere stepping stone to litigation.
Busari said: “Arbitration can thrive in Nigeria if it is practiced the way it should be. You will find out that the same delay techniques that lawyers use in traditional courts are being brought into arbitration. That is what we are fighting against, ensuring that many lawyers and judges are trained in arbitration procedures. If a matter that should not be in court comes to court, the judge should refer it to arbitration.”
Busari further addressed the challenge of arbitration being perceived as a precursor to litigation, undermining its time and cost effectiveness, advocating that as many lawyers as possible should be trained in arbitration.
The Attorney General of the Federation, Prince Lateef Fagbemi, SAN, was represented by a former Attorney-General of Oyo State, Mutalubi Ojo Adebayo (SAN) at the evet.
He said: “It is imperative for Nigeria to embrace arbitration. By prioritising arbitration and ensuring proper training for legal professionals, we can enhance our legal system and provide a more efficient mechanism for resolving disputes.”
Earlier in his address of welcome, MULAN National President, Dr Kazeem Olaniyan, echoed Busari’s sentiments, saying the integration of arbitration into the nation’s legal framework is essential for the advancement of the country.
He stated; “By embracing arbitration, we can expedite dispute resolution processes and create a more conducive environment for national development.”
At the end of the 3-day conference, it is expected that the Muslim lawyers would be grounded in the ethics of good governance towards the development of the country.
Mercy Chukwudiebere
