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  • ‘Embrace ADR to reduce case-load’

    ‘Embrace ADR to reduce case-load’

    Dr Fikunayo Taiwo is a law lecturer at the University of Essex, Colchester in the United Kingdom (UK). She cut her teeth in the legal profession under many legal giants and leading law firms, including Chief Afe Babalola (SAN), Chief Wole Olanipekun (SAN), Chief Wale Babalakin (SAN), Chief Paul Usoro (SAN), Aluko & Oyebode among other senior lawyers before relocating abroad for further legal education. She spoke with ADEBISI ONANUGA on how she made first class at Law School, and shared her view on the need for a regional Supreme Court.

    Dr Fikunayo Taiwo has always held the judiciary in high esteem because  she grew up around many judges and lawyers who she respected for many years . “ I have been very close to Chief Judges of Lagos State especially,and many judges.”

    She said that growing up, her dad, Chief Wale Taiwo (SAN), had introduced her to them just to encourage her in her legal work.  “I have always had good respect  for the judiciary especially when you hear about esteemed ones that had gone past, that we read on the pages of law reports  and that we heared about in broadcast series. Yes, I have great respect for the judiciary”, she said.

    Some judges she crossed path with

    She said  growing up, she crossed path with quite a few judges, especially in Lagos State. “ I think  I was in  SS1 or II, when  I got to know  Honourable Justice Ibitola Sotuminu. I worked with her, I lived with her, I used to attend court when she sat too. I know Justice Opeyemi Oke as well. Very cerebral woman and of course, Justice Sotiminu as well, doing the job he was designed to be with cast and intelligence. Of course, there are many more, male and female judges alike.

    Education

    Dr Fikunayo Taiwo is from Abeokuta South in Ogun State. She started her education at Caroline Nursery and Primary School, Onike, when she and her family  used to live in Yaba area of Lagos.                           She also attended Maryland Convent Primary School in Maryland.                                                                      When her parents moved to Magodo, she ended up in Lolad Nursery and Primary School. ‘‘I finished at Primary 5 and from there, I went to Queens College, Yaba for my secondary education for six years and finished  in 2004 after which she went for her A-Levels in England at Shefield High Storrs School. She spent two years doing her A-Levels. She  studied English Language,  Psychology, English Literature and Economics.’’

    Fikunayo said she  had always wanted to  be a lawyer and that because she finished Psychology with an A, she came to University of Lagos (UNILAG), Akoka to study Law in 2007, spent four years and finished in 2011 and went to Law School in Abuja.                                                                                                                                “After that, I did my NYSC and spent some years practising law, then went for my Masters in London at University College, London and came back to practise. Then I thought I needed to do PhD as well. I think it was in 2016 that I thought now is the time to do it. So, I started my PhD in 2017, finished in 2021 and graduated in 2022.

    Why law

    Fikunayo is  one of those people who their parents wanted children to be lawyers and out of six of them, her  dad succeeded in getting two  to be legal practitioners “But I had always known law, I had always been in the legal community, it was all I ever heard  and I was always following my dad to the court since as far as I can remember. I think I can remember vividly one of the times when we went to  a magistrate court. We had just had lunch, I didn’t know the seriousness of what was going on. The court was sitting and I was at the back, playing with bottle covers. I heard the judge saying something but I didn’t know what was going on. The next thing I knew, a policeman was next to me and telling me, “stop that, stop that”. Of course, my dad had to apologise to the court on my behalf. That is one of the earliest memories I’ve had about wanting to be a lawyer, going to court every other day and growing up in that community.”

    She said at the moment, three members of her family are lawyers: her dad, herself and sister, Ayomiku.

    Other choice of study if not law

    Asked what she would have studied if she had not studied law,  Fikunayo said she would have studied Psychology. She said: “ I did very well in Psychology during my A-Levels and it was one of those subjects where I was very intrigued about studying about human mind, human behaviour and it helped that I had good teachers  that practised  what they  taught. .                                                                        “I am a very visual learner and Psychology that I did, beyond the text on the pages of the book, the teachers were very in practicalising many things. So, I enjoyed Psychology and when I got an A in it, I thought I should  study it. This was also on the back drop of the fact that my dad had always wanted me to be a lawyer. I thought let me be  rebellious telling my dad, I would  study Psychology instead and let me see his reaction. But of course, I am glad that I changed my mind I didn’t do it. So, its been an interesting journey so far.”

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    An achiever all the way

    She said that at Primary school level, because they were not  many in school,  she had been recognised by teachers and the Principal alike that she was a gifted child.  “May be at that time I didn’t see it. But I know that I used to get good grades in Primary School and the teachers were very proud of me.             “At Secondary School, I wasn’t a prefect or singled out for any leadership role. I wasn’t a bad child, I wasn’t a good child, I was just one of those children that were in-between. I was just an average child. But I ended up with good grades.                                                                                                                                ”It was at the university that I started to see what people were seeing in me and  getting good grades in many of the courses, seeing that people always  wanted to listen to me or learn from me, to explain stuff.”

    Awards

    Fikunayo graduated with a 2.1 from University of Lagos. She said looking at CGPs at the time,  she was in the first five per cent of the class that graduated with 2.1 at the time.                                                                     “At master’s level, I finished with a distinction and I got two awards, There was one that came with 5,000 pounds, that was when Naira and Pounds parity was getting really obvious and as the good child that I was. I remember handing over the cheque to my dad and saying, ‘Dad, I got 5,000 pounds, add it to my school fees.”

    She said the award was one of the  kinds of awards one really want to be seeing  universities giving.  That was a John Carr Scholarship for African and Carribean  students at the time. She said she got another one for Copy Rights and Design and was the best student at the examination during Master’s level.

    Scholarship for PhD

    For her PhD programme, Fikayo got a scholarship.  She said: “My PhD was more or less a free ride as well because I had applied for scholarship at the university that I did my PhD and they paid for the entire programme. I remembered praying really hard because I really wanted a PhD but I could see how expensive it was. So, it was good that I got the scholarship.”                                                                                        She said the awards  have been really impactful in her journey to where she found herself today.

    Law School

    To her, Law School was ‘the good, the bad and the ugly’ She said  “Law School  was good because this is something that everybody looks forward to.  Without going to Law School, you can’t be a lawyer in Nigeria. Everyone was so expectant because we’ve heard so many stories about how you will not sleep, you will not eat, you have to  read 24 hours a day and all kind of stuff. But it was all stories.

    “ We had different campuses. So when you are applying and you get where you want to go, it is a situation where you had to ask people around whats campus like. But for me, because I am surrounded by legal people and I had many friends that had gone to Law School, I went prepared. I asked questions, I had done my investigation,  and it helped that I was in Abuja where the campus is quite out of town. At the time, Bwari was not so busy. So, it was a quite environment for study purposes compared to Lagos own that is right in the middle of the city where everything is happening.

    ‘I enjoyed Law School and of course, by the time we were getting to examination period, it was very stressful. I remember many times I had to call my dad, crying they wanted to kill me. But he always believed in me and always encouraged me over the phone. There was a  time he told me, “ don’t read anything, just go and sleep. I need you to just eat and sleep, eat and sleep”. I think that was just a week or two before the exam. I just went to bed and I slept very well.  Even my room mate was thinking, “why is this girl sleeping when everybody is reading!”

    How I made First Class from Law School

    Fikunayo said Law school was fun. “For me, I think it was part of the reasons I got a first class from Law School. I had to prepare myself for that First Class and studying before each class. It is really very important that you know what you are going into class for. I used to say this to one of my younger friends going to Law School this year as well, making sure that you know what is happening in class every single day. Otherwise, they are teaching and you don’t know what is going on. Which means by the time you are going back to what they have taught, you are not really able to put two and two together. But if you already have an idea of what is going to happen in class every day, then you are able to flow more with the class such that you are not spending all your time making notes. You actually had to listen to understand.

    “So for me, before Law School started, I had already gathered notes from previous law school students. I had friends from the year before who gave me their notes and tips on what we are going to  be doing. So, I had started preparing before Law School resumed and my trick was to prepare a week before hand. So, any lecture happening next week, I’ve read them this week.                                                                                  “The only way that was going to happen was to have started reading before lectures resumed. So, I was always one week in advance of the classes and even during attachments as well. By the time the class has ended, I had done my first reading which was what they recommend is that you should do one or two  readings before the exam. So, my first reading had been completed by the time we were going for attachment.

    “So, attachment period was really attachment because it was important that you are specially  prepared for the note you are going to make for them to sign, that you are actually paying special attention to practical side of what you have been taught in class. So, during attachment, I wasn’t reading like some people were. Some people were not even reading during attachment. They were waiting until attachment had ended. So, by the time attachment had ended, I was done with first reading, I was done with my attachment report and second reading was nearly over.

    “So, by the time we were going back to school for the exam,  my third reading was on. So always for me, I think that was the trick, of course, always praying on the spiritual side as well. So, having that preparatory mind and having in advance of the classes.”

    Place of attachment

    For her attachment while in Law School, Fikunayo said she was in Lagos High Court, Ikeja in Justice Joseph Oyewole’s court. Then for my Chamber’s attachment, it was at Afe Babalola (SAN) chamber in Magodo here. It was very easy for me, going to Ikeja and going to Magodo here and they were very flexible because of the number of students they had for attachment.                                                                         “They structured it in a way that we had two groups such that one group would come on a particular day. That also helped. Not only just doing attachment work but also doing research and different things they also want us to do.  We also, had time for ourselves to prepare for exams.”

    Celebration of Call to Bar

    She said her family literarily all went to Abuja for her Call to Bar. “My  dad was really proud of me. I still have clippings of the newspapers, we had pictures in the newspapers as well. We went to Abuja, I think a day before, my mum, my dad.  My cousin and his family were already in Abuja. So that was fine. Many of my dad’s friends came. We had the ceremony and after it, we had dinner in a friend’s house. So we had gotten our apartments that had been arranged. So it was a good party and it was very exciting.

    Awards from Law School

    Fikunayo  got the  Director General award for First Class students, the automatic job to come and teach at the Law School.  She said she would have taken it but that didn’t happened because  she already had opportunities to explore.” So, it was  a situation where I needed to choose what I wanted to do. I had always wanted to teach. That would have been a rally good opportunity for me to start my teaching career but I had other things I wanted to do at that time.”, she said

    ‘Old school, New school’

    She said it was  fun being in the same profession with her dad because he is more of old school law and I think I am new school law. “We make fun of each other because when issues arise, of course in different perspectives, both legal and non legal, he has the experience of having being in law for a long time, so he brings that experience into his responses when we have arguments. Sometimes, it is not arguments, it is just discussions or he just needs a different perspective, so he calls on me, same as me when I have certain things I need to discuss, I would say my dad knows this, let me go and discuss with him..

    “So, the joy of robbing minds, old and new school minds, and this is way back even before I started studying law. Because I had been exposed to all these legal people, even before I entered UNILAG, I’ve had some experience on legal issues. Yes, it is fun discussing legal issues. I think it was yesterday that we were discussing something about judiciary as well. So, the mix of old school and new school, its quite fun and he is always saying, ‘me I went to school several years ago, that is why we are sending you to school so that you will give us fresh ideas and fresh perspectives to different things and that’s why we are spending money on you’”

    Cutting teeth in law practice

    Fikunayo said she did her National Youth Service Scheme (NYSC) with Paul Usoro & Co, first with their Lagos Branch and with their branch in Uyo because my NYSC posting was in Akwa Ibom State. It wasn’t a big office at the time, I was more  like a link between Lagos and Uyo. After NYSC, I spent a few month at Citi Point Chambers in Alausa with Mr Olumide Fusika and his team. That was just for a few months. Thereafter, I went to Wole Olanipekun & Co. where I worked closely with Dapo Olanipekun (SAN)  and of course the entire office. I was in Dapo Olanipekun’s team where I spent about a year before I went for my masters degree. Then I came back from my masters, spent a few months with Wole Olanipekun, because I had taken leave of absence from Wole Olanipekun. So, I came back to them and then join Aluko Oyebode where I spent another 18 months or so before I went for my PhD.

    First solo appearance before a judge

    She said her very first appearance before a judge was the day after her call to bar at the Supreme Court and it was with her dad.  He had said to me that he had a matter at the Supreme Court. My call to bar was on November 20, 2012 and on November 21, 2012, I appeared at the Supreme Court and I remembered my dad announcing my appearance saying, “ appearing with me is my learned friend and daughter, Miss Fikunayo Taiwo … and I remembered the Justices were very excited and proud as well, saying you were just called yesterday, how did that happened? That was my very first appearance.

    But my first solo appearance, I had no memory of that which is very weird because I had appeared with so many people because I worked with so many SANs and senior lawyers as well. My first appearance, may be is not memorable because I had been doing it over and over again. I just don’t remember this was a special occasion.

    Embarrassing moment before a judge

    She said there was none because she had grown in that environment and know how to be decorous, to respect the court and to respect herself. May be with my seniors because some seniors are quite erratic when their juniors are passing notes. Rather being patient, they are not. I don’t think I have been in direct line of fire.

    Why teaching and not practice

    Fikunay explained that she had very inspirational lecturers in UNILAG and had always wanted to be like them and because “when I was at UNILAG, many of my colleagues, they have seen something that I couldn’t see and they always want me to explain stuffs for them. I was just explaining because I understand. I am the kind of person that until I understand something, I cannot cram.                                       “So, until I understand something, then I don’t know that thing. So, for me, understanding is key and I think people saw that I could explain stuff. So I have had lecturers and colleagues who saw that in me. I have lecturers who were practicing and teaching and showing me that you can practice and teach as well.  The way the legal profession is structured in Nigeria allowed us to do that.                                                          “I had professors and doctors, Dapo Olanipekun was one of my lecturers at UNILAG who had given me the opportunity to do internship with his firm. I had done internship with Wale Babalakin (SAN) as well  where I had practicing lawyers who were  teachers as well. Prof. Babatunde Oni (SAN) was practicing and teaching and these are people my dad knew and had introduced me to them to see how they were operating and I thought these are inspiration people that are impacting on the next generation of students. I would like to do something like that.

    “ As a lawyer, I aspired to be that and at some point, these are people that kept on encouraging me.  Over time, I started to believe I can do it too. By the time I told many of them that I was going to do PhD, they said oh, I told you so, and it is only a matter of time. That ability inspired me as a teacher. I also want to give back to the community and the next generation of students.”

    Reducing workload and Over filled dockets of justices, judges

    She said that is where Alternative Dispute Resolution (ADR) comes in and that is where her research interest comes in. She said her  PhD research was in arbitration and ADR in general. 

    The way that we could reduce the courts dockets, because I saw this personally during my practice days where there are 30 matters on the court’s list. The court sits at 9.00 am if you are lucky. At 12 noon, we are still at number 10 and you as a lawyer, you are sitting there and waiting for your case that is number 25.  Now, what time will you leave the court? The entire day is wasted. If you are lucky they hear you, sometimes you are waiting till 2 o’clock or 3 o’clock. It is at that point the court says we are tired, lets adjourn the rest of the matters.  So  reducing the courts dockets is, and I know that Lagos state and Oyo states have been at the fore front of promoting ADR trying to prevent matters that could easily be settle out of court ending up on the court list.

    The importance of ADR has to be more emphasized. There should be more emphasis on mediation, conciliation and arbitration for matters that could be easily settled out of court. Of course, the Court of Arbitration could be a deterrent but that is another matter entirely. But one of the way to promote the decongestion of the courts is to prioritizing ADR, the Multidoor Court Houses and having those settlement weeks. It is really important that we prioritize ADR for the decongestion of the courts’ dockets.

    Addressing litigants distrust and strengthening ADR

    She said the  distrust in ADR is well founded because in the end litigants and potential litigants are after that  natural peaceful resolution. In ADR, you are more reliant on goodwill of the other party to ensure that they carry out the agreement that you made. So, one thing that we could for make ADR more attractive to potential litigants is to, especially for the lawyers,  advising  their clients as to the potential downsize of litigation. For example, advising and creating that awareness.

    “Yes I see why you want to go to court but at the same time, you may not get to a conclusion of this matter in another five years or seven years because this is how long  the average matter in court is. So, the length of time that you could spend in court, basically emphasizing the disadvantage of litigation, length of time in court and potential for appeal as well. So if you are able to sit as potential litigating parties to reach an amicable settlement of the matter, especially to  the inflation that we are seeing all around the world. For example, as a claimant, if I am claiming N1million from the defendant,  and that N1million is what I am sitting on, I am saying ‘No”, I must collect that N1million, even if I am going to court for five years. In five years, the value of your N1million in 10 years is not the value of what you will be getting today.  So, if the defendant is willing to pay you N750,000 or N500,000, what the lawyer should also be telling their client is that you need to juxtapose the value of the money that you are getting today with the value of what you think he might be getting in 5 years. There is no guarantee that you are going to win in five years. Even if you do win in five years, the defendant has the right to seek an appeal. So, five years, ten years becomes 15 years and we’ve seen many cases that lasted 30 years in their foundation stage that got to Supreme Court and Supreme Court sent them back to High Court. So, one of the ways we could make ADR matter to clients or potential litigants is to emphasizing the down side of litigation.

    Should all cases get to Supreme court

    Fikunayo argued that all cases should not get to Supreme Court. “ But at the same time, remember that we all have rights to fair hearing. It is a fundamental rights and one of the aspects of rights to fair hearing is the right to courts. Everybody has rights to get to court and to be heard in court. But at the same time, there should be a cut off because that thing you see about my right to stretch my hands stops at your right not hitting him in the face, while we have a right to go to court, there should be some limitation on that right to go to court.

    “ I think the structure of court as well,  the way  Nigerian judiciary is designed also allows for that potential. Because if we have just one Supreme Court for the entire country,  the fact that I have a right to go to court also increases the potential for that court to be hearing matters since 1922.

    “May be a solution to that is burrowing some mix with the American system where each state or each region , because we have smaller states in Nigeria, may be it would help if we have a debate on it.   No we shouldn’t be hearing cases about cows and goats at the Supreme Court. That is the  part of the congestion that we are seeing every day.

    Suggestion on Regional Supreme Court to lessen burden at the apex court

    I completely agree. There is so much happening in Abuja that shouldn’t be. There is too much concentration of power in Abuja that makes things more difficult and makes the bottle neck more tight. So, I would join the bandwagon of people saying there should be some sort of decentralization of certain organization and certain government structure, including the Supreme Court, may be into regional basis because looking back at  50s and early 60s of  regions before we started having all the smaller states, things seem to be working well and I would agree that maybe Supreme Court should stay the way it is and have those smaller regionalized ones that could help with decongesting the court system.

     Foreign lawyers coming to practice in Nigeria under ETIP agreement

    She said: “I completely agree with the NBA, it shouldn’t be because the English because they have different systems in Scotland and Northern Ireland. I can’t just wake up today and say that I want to practice law in England and Wales and that is because of the structures that they have put in place for themselves. If you want to practice law in England today,  there are different steps that you need to take  as a foreign qualified lawyer. So for you to wake up and say by means of an MOU, that UK lawyers can come here without having some sort of legal structures on ground in Nigeria, that would be futile. It is void ab initio. I completely agree with the NBA. If that is to happen, other things must follow. For example, you need to amend the Legal Practitioners Act (LPA) for that to happen. The LPA states the people that can practice law in Nigeria. If by MoU, you are trying to amend the LPA, that is not how things work.

     Law practice in UK

    She said It is exactly the same. So, for English qualification,  as a foreign qualified person, there are different levels of examination that you can take. According to her, “Depending on what jurisdiction you are coming from, if it is a Common law jurisdiction, civil law jurisdiction, there might be some exemptions that you can benefit from. It is exactly the same for Nigerian lawyers as well.  Sand then you do another set of exams that help you to qualify. I think it should be reciprocal in nature. If you set up a legal framework to protect yourself from incursion into your legal market, why do you want to, by an MoU, open the doors for your lawyers to come in when you are not doing the same.”

    Why I didn’t work in my father’s firm

    Fikunayo explained that her  decision not work in her father’s law firm was  deliberate. “It goes back to the point I was making that him wanting fresh ideas. So, we always talk about me going to learn from everywhere and bring back to him wealth of experience. At some point, we would work together. We knew it would happen but it is just that we don’t know when. I know that at different intervals when I am at work, when I see things that would be useful to them, I discuss it with him.

    “ Sometimes, parents are sometimes rigid in their thinking. Even though they are telling you to bring fresh ideas, when you bring them, it was like I have always done it this way, this works for me. Of course, I have never work with him as an employee but at times, I operate in the background giving different things and ideas, writing letters, doing menial things but not officially.”

    Role model

    She said cannot single anybody out as her role model in the legal profession because she has many people who served as role model in different aspect of her life.                                                                        For example, she mentioned her lecturers at the university who were able to combine both teaching and practice and they were my role model for that purpose.  “I have many judges, senior and junior, who have always stood in the gap  as role models for me towards my now suppressed ambition of wanting to be a judge as well, who have shown that being a judge is something that I could aspire to.                           “There are many of them on the bench that I could consider as role model in that aspect. Also role models as lecturers on their own. These are people who are not doing anything else besides  teaching and researching. I have people in that capacity. I have role models across board for different reasons.”

    Where she drew  inspiration

    Fikunayo has so many people who have inspired her life.  She said: “ the very first inspiration is my dad, My ultimate foundation inspiration in law of course is my dad and he has done everything in his capacity to make sure I blossom in that area and I am grateful for all the inspiration and for all the resources  and everything he had put into place to make sure I succeed.”

     SAN  or Professor  of law

    She said: “I am not sure I want to be a SAN. Although of course, nothing is impossible because I am one of those people who ,, one of my reasons for leaving Nigerian universities is because of frustration in litigation at the time. But looking forward  right now, I am teaching and making research , already people are beating the drum of professorial post.  A lot of people are waiting for me to announce that I have been offered a professorial post.

    “ There are people already seeing that professorial tag on my head. So the potential for being a professor is there. I have always wanted to  be a judge. I don’t know how that would happen but it is also one of the cards for me. Professor? I could be Honorable Justice Professor .  so those are the two cards on the table for me. It could be one of them or both. I am praying for the will of God to be done. That is the most important thing for me at the end of the day.”

  • ‘Resolve entertainment disputes with ADR’

    ‘Resolve entertainment disputes with ADR’

    Youth Party has urged entertainers to adopt alternative dispute resolution (ADR) in settling disagreements.

    It told the Performing Musicians Association of Nigeria (PMAN) to consider self-regulation just as Nigerian Medical Association (NMA) and Nigerian Bar Association (NBA).

    This, it said, will address violence and intimidation in the industry. Youth Party, in a statement by Acting National Publicity Secretary, Ayodele Adio, stressed the death of Ilerioluwa Aloba, popularly known as MohBad, has necessitated need for Federal Ministry of Culture and National Orientation, Ministry of Youth and Culture as well as PMAN to take action.

    It said it received MohBad’s death with heavy hearts and urged the police to expedite probe into circumstances of his passing.

    The statement reads: “We commiserate with his family especially his parents, wife and son, while we wait for conclusion of investigation by the Police.

    “We implore the police to be transparent, expeditious and publish its investigations due to public interest in the matter.

    “Sadly, we condemn strong violence in the music industry.

    “The media reports violent incidents involving artistes. We are inundated with feuds between record labels and musicians.

    “This shows lack of acceptable dispute resolution mechanism. Moreso, the deployment of intimidation on fans and fellow musicians as seen in various cases.

    “This needs to be addressed by the authorities and the music industry to save lives and image of the industry.

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    “The music industry in the United States lost some leading lights, Tupac Shakur and Christopher Wallace (B.I.G.) in 1996/97 due to violence in the industry. This needs to be prevented.

    “Today, Nigerian music is one of our biggest exports. It provides jobs for youth, and the economy.

    “It engenders a sense of pride and unity for Nigerians globally. American and European airwaves are filled with music of young superstars like Davido, Wizkid, and Burna Boy.

    “Radio stations, TV stations, airport halls, sports stadia etc can hardly have enough of them.

    “Indeed, watching our musicians sell out iconic venues as Madison Square Garden, Royal Albert Hall and 02 Arena is heartwarming.

    “In the process, renowned stars like Beyonce, Drake, Justin Bieber, and Ed Sheeran have sought out collaborations with music stars. Global awards are now perennial. Superstar Tems recently made Times 100 Most Influential.

    “We call on PMAN and others to consider self regulation and discipline to save the profession, livelihood and image of youths.

    “Other professional bodies have a self regulated system to hold their members to account and encourage good behaviour.”

  • ‘Why we co-authored book on ADR’

    Arbitration doyens Chief Tinuade Oyekunle and former Attorney-General of the Federation Chief Bayo Ojo SAN) have presented the Handbook of Arbitration and ADR Practice in Nigeria, reports ROBERT EGBE.

    Five years after the work began, a founding member of the Board of Governors of the Cairo International Centre for Arbitration and the Kigali International Arbitration Centre (KIAC), Chief Tinuade Oyekunle, and a former Attorney-General of the Federation (AGF) and Minister of Justice, Chief Bayo Ojo SAN, have published ‘Handbook of Arbitration and ADR Practice in Nigeria.’

    Mrs Oyekunle and Ojo, described as the country’s first and second chartered arbitrators, launched the book last Thursday at the Nigerian Institute of International Affairs (NIIA) in Victoria Island, Lagos, to critical acclaim by arbitrators, Alternative Dispute Resolution (ADR) practitioners, jurists, senior lawyers, among others.

    A former Nigerian Permanent Representative to the United Nations, Chief Arthur Mbanefo recommended that the book “be adopted by all institutions of legal studies and practice in Nigeria as a standard text book for arbitration and ADR practice in Nigeria as well as a useful book for reference purposes”.

    Mbanefo, the chairman of the event, said: “The importance of this book becomes clear when one considers the current growth in the practice of commercial arbitration and ADR in Nigeria.

    “Educated Nigerians particularly those in the academia have consistently shied away from writing books especially text books to support the subject they profess.

    “The result is that it has become rare to find textbooks in matters of noble and international applications to document the Nigerian experience and relevance.”

    The 90-year-old commended the authors for their contributions to the knowledge of ADR.

    Director of Research Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Paul Idornigie (SAN), who reviewed the book, praised the authors for bringing their nearly joint 80 years of arbitration experience to bear on the subject matter.

    “The authors are very competent to write a book of this nature,” Idornigie said.

    He noted that the title of the book had been a subject of debate among academics, and that with its 24 chapters and 521 pages, the book drew attention to some lacunae in the Arbitration and Conciliation Act (ACA), such as the non-definition of arbitration.

    “There is a huge debate among academics, practitioners and users of ADR as to whether arbitration is part of ADR,” he said.

    Idornigie, however, observed that while conciliation and mediation were consensual, arbitration was both consensual and adjudicatory.

    The professor noted the authors’ views that the rapid expansion of ADR around the world, might one day replace litigation in civil matters.

    According to him, government support is imperative.

    Idornigie proposed that ADR should be adopted from strictly commercial transactions to other social and domestic arrangements as obtained in England.

    According to him, more training, accreditation and professionalism coupled with standardised regulatory framework should be injected into ADR spectrum.

    Pro-Chancellor of the University of Lagos (UNILAG), Dr. Wale Babalakin (SAN), said the book was timely.

    “I commend the authors. I believe the book is very topical,” Babalakin added.

    The book presenter at the event was the chairman, Gibraltar Holdings Limited, Sir Olu Okeowo.

    Oyekunle recommended the book to everyone.

    She said: “The taste of the pudding is in the eating and, when our colleagues handle the book, read it, I’m sure it will be of great benefit, to everyone, including judges, in-house lawyers, students, etc. The book is very comprehensive.

    “I would like to thank Bayo Ojo for working along to produce this book with me and to thank his beloved wife, Shade, who has been a great support to us. I would also like to thank my children, who followed their father’s steps and kept saying ‘Mummy, when is the book going to be ready? What are you doing about it?’ and I kept saying, ‘I will do it, it will happen.’ I give the glory to God for doing it today.”

    Explaining the idea behind the book, Ojo said: “The whole idea is to let people – students, judges – be knowledgeable about the process. For those who are practitioners, it is a ready companion, a ready tool which they can use as a reference from day to day.

    “You find that in Nigeria, people hardly write books, we don’t have this book culture, so there is a dearth of books in most areas, so, this is to put something down for the coming generation to learn from, to get inspired and to achieve greater heights.”

    Guests at the launch included Justice of the Court of Appeal, Justice Folashade Ojo, Prof Fidelis Oditah (SAN), Kemi Balogun (SAN), Ayodele Akintunde (SAN), Tunde Busari (SAN), and Adetunji Oyeyipo (SAN).

  • Election disputes: INEC advocates ADR in place of litigation

    The Independent National Electoral Commission (INEC) has called for enhanced application of alternative dispute resolution (ADR) mechanisms in the resolution of election disputes.

    INEC said its position was informed by its experience over the years and the inadequacy of existing traditional administrative and litigation methods of resolving election related disputes.

    INEC’s Secretary Mrs. Augusta Ogakwu, who identified the many attributes of ADR, said it is cost effective and ensure prompt dispute resolution.

    Mrs. Ogakwu said available options for the resolution of electoral disputes, which before now were limited to “administrative solutions and litigation, were inadequate as the underlying issues could not be handled through these rigid processes”.

    The INEC Secretary spoke in Abuja at a public lecture and mock mediation session at the High Court of the Federal Capital Territory (FCT) at the instance of the Institute of Chartered Mediators and Conciliators (ICMC), Abuja branch.

    She noted that most electoral disputes arise from the persistent non-adherence to internal democracy by political parties and the unwillingness of political players to play by the rules.

    The INEC Secretary said her commission, having realised the benefit of ADR, establish a unit for that purpose in 2009 “with a mandate to propagate and implement the use of ADR in electoral disputes, workplace conflicts and others.

    “These extend to aspects of the electoral process in which there is a need for quick intervention or decision that is acceptable to the parties.”

    Mrs. Ogakwu said INEC, having realised the many benefits of ADR, including being cost effective and time-saving, the commission intends to continue to employ it in its operations.

    ICMC Chairman Abuja branch, Dr. N.T.H. Dindi said it was imperative to propagate the need for enhanced deployment of ADR to electoral disputes as the nation prepares for the next season of general elections.

    Dindi added: “We wish to lend our voice to the debate on how we can use mediation as a peace-building mechanism to resolve post-election disputes.”

     

  • Nkerehi, Umuchukwu dispute for ADR

    Nkerehi, Umuchukwu dispute for ADR

    Anambra State Chief Judge, Justice Peter Umeadi has approved an enlarged Alternative Dispute Resolution ( ADR) committee to mediate the dispute between Nkerehi and Umuchukwu over the town’s name.

    The change of the town’s name from Nkerehi to Umuchukwu was not supported by all of its residents, resulting in litigation.

    The court case  stalled the inauguration of a state high court built by an indigene of the town, hence, the setting up of the ADR Committee by the Chief Judge.

    In a statement, Anambra Judiciary Chief Registrar Mr. Lawrence Uzuodu, said: “This is a follow up to an earlier committee put in place on  July 25, during a meeting between the Chief Judge of Anambra State,  Justice Peter Umeadi with the chairmen and secretaries of the Nigerian Bar Association (NBA)  branches in Anambra State, aimed at finding  a lasting solution to the impasse.

    “The committee, which has a three-point term of reference, shall invite all legal practitioners in all the suits which they discover pertains to the debacle.

    “The committee, which is to submit its report to the Chief Registrar, within 30 days from the date of its inaugural sitting, would conduct its proceedings within the premises of Aguata Judicial division.

    The sitting place shall be open and accessible to the public.”

    The 14-member committee has a Senior Advocate of Nigeria (SAN), Mr. Clifford Okoye, as chairman, and Mr. Uche Aguoluas as  Secretary.

    Other members are: Chief Ikenna Egbuna (SAN); Chief Chris Ogom-Adimora; Chief S.U.S Mbanaso; Prof. Ogugua Ikpeze; Chief E.E Egbunonu; Ben Okoko; Chuka Obele Chuka; Chief S.U Anyia; Chineze Obiano; Mrs Helen Obi; Adaobinna Edozie and Deputy Chief Registrar (Special Duties) Chinelo Peters.

     

  • Why we promote ADR, by Abdulkadir

    Former Commissioner for Justice and Attorney-General, Sokoto State, who is the National Vice-Chairman North West of the All  Progressives Congress ( APC) and Chairman of the Nigerian Forum of the African Bar Association (AFBA) Mr. InuwaAbdulkadir has  described  Alternative Disputes Resolution mechanism as an indispensable tool in dispute resolution in a globalised world.

    On why the Forum is planning an ADR conference for the first quarter of 2018, Abdul Kadir said: “The Nigerian Forum is organising the conference to examine and explore the dimensions and  perspectives of ADR in disputes resolution to fast track quick and easy dispensation of justice in the country.

    “We hope to explore the theoretical frameworks and basis for various conflict resolution processes, as well as the practical application of these concepts in the private and public life. We intend to examine topics selected from broad spectrum  of  areas and issues that are emerging as the use of ADR processes rapidly expands throughout family,  organizations and institutions

    “Generally, we will get speakers from different sector who will give us different perspectives of ADR to and how they function to advance peace and mutual benefits in commercial and non commercial life.

    “ They will take us through the contents and contexts of ADR in modern life and commercial life, In this era of complaints of marginalisation by different segment of the country, we shall also explore  a role for ADR for the over all interest of the country.

    ‘’The role of the ADR in politics, if any, the role of ADR in family life where you apply mediation and reconciliation to smoothen human relationships at all levels of human relationship will also be explored at the conference. We now live in global village and  you cannot afford to live in isolation, so you must be part of  human community and so,  live at peace with  everybody.

    ‘’So, the conference is a must attend as it will address issues of great national and international importance” Abdulkadir stated.

     

  • ‘Importers, agencies should collaborate on ADR’

    Chairman, Chartered Institute of Arbitrators (CIArb), Nigerian branch, Mrs Adedoyin Rhodes-Vivour, has urged importers, terminal operators and government agencies at the ports to collaborate and embrace the Alternative Dispute Resolution (ADR) option in resolving maritime cases, and move the sector forward.

    She urged stakeholders and operators in the maritime sector and the youth in  other  fields, to seek and explore opportunities that abound in arbitration.

    Speaking at this year’s CIArb, Nigerian Branch Annual Conference in Lagos, themed: “Strengthening the Building Blocks of Arbitration in Africa”, Rhodes-Vivour said there was need for private and public institutions to collaborate in the interest of furthering arbitration and the ADR as the preferred means of dispute resolution.

    “We are committed to advocating a conducive environment in our jurisdiction for the practice of ADR. The institution provides education and training for arbitrators, mediators, and adjudicators. It also acts as a global hub for practioners, policy makers, academics and those in business supporting the global promotion, facilitation and development of all ADR methods,” she said.

    Rhodes-Vivour, who noted that there was a growing number of African  arbitration centres across the region, said visionary governments were developing their counties into arbitration hubs. This is because the realisation of an internationally-recognised arbitration hub sends the right message to investors.

    “A perception of political and legal stability, a stable and transparent judiciary, a secure and safe environment give investors the confidence to invest. We are committed to advocating a conducive environment in our jurisdiction for the practice of ADR,”she said.

    Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, said the state had embraced ADR by establishment of Citizens Mediation Centres (CMCs), Multi-Door Court House and Arbitration Court.

    He said Lagos was being made a Centre of Arbitration, as courts are not sufficient to  resolve all disputes.

    “We must look for other methods of resolving disputes; the platform, Lagos government has provided. Lagosians should use them – ADR. Lagos has been commended for ease of doing business; ease of doing business also means ease of resolving disputes,” Kazeem said.

    The Attorney-General, who noted that over 40,000 cases had been handled by the CMCs, said arbitration made dispute resolution faster.

    In her opening remarks, Chairperson of the Conference Planning Committee, Mrs Folashade Alli, said all factors militating against ADR must be removed.

    Alli, a Chartered Administrator, called for harmonisation for Arbitration bodies to make the country a hub, adding that issues of security and other logistics had to be taken care of. She said anybody, not just lawyers, can take on the role of an arbitrator.

  • SON seeks adoption of ADR for trade, business, others

    To save costs and mitigate the suspension of economic activities that may arise from enforcing its statutory regulatory functions against importers of sub-standard goods to the country, the Standards Organisation of Nigeria (SON), may soon deploy Alternative Dispute Resolution (ADR) mechanisms in resolving several disputes.

    Osita Aboloma

    Although the general provisions in the new SON Act has empowered  the agency to prosecute perpetrators of substandard products manufacture, importation and distribution while also providing stiffer penalties for convictions including jail terms, the agency is exploring measures at resolving conflicts without wasting resources or stalling economic activities.

    The Director-General of SON, OsitaAboloma, while speaking at a mediation and arbitration training organised by the firm for its staff and other players in the sector stated the agency was empowering its staff with skills to handle conflicts that may arise from complaints handling, market survey and stakeholder engagement.

    According to him, the move became necessary in order to enhance service delivery by the agency as well as enhance stakeholders’ adoption and compliance to stipulated standards.

    Aboloma said his agency was strengthening its internal mechanisms to combat substandard products head on and urged all Nigerians to join hands with SON in order to create greater opportunities for genuine and certified locally manufactured products to thrive.

    The SON DG pledged his total commitment to protecting the lives and properties of Nigerians as well its economy using the instruments of standardisation and quality assurance.

    The President, Institute of Chartered Mediators and Certification of Nigeria (ICMC), EmekaObegolu, said the training will help the agency to achieve its objectives in its transactions with stakeholders and customers.

    He explained that communication is key in mediation and reconciliation if goals will be achieved, adding that participants will be inducted into the institute after the training.

    Giving an overview about ADR mechanisms, Director, Marketing (ICMC), Chiddy Martins, said a lot of civil cases in the courts linger for too long because a party has chosen to uphold its ego when such cases could have been addressed using alternative measures.

  • How to make ADR work, by Solanke, others

    How to make ADR work, by Solanke, others

    Legal experts have identified ways to make alternative dispute resolution (ADR) more effective.

    First woman Senior Advocate of Nigeria (SAN) Chief Folake Solanke said ADR had come to stay in Nigeria.

    She said for ADR to be effective, technicalities should not be permitted in arbitration, a form of ADR.

    “People must be trained to know what arbitration is all about. Non-legal practitioners must be conversant with laws regulating arbitration,” she said.

    She spoke in Lagos at the presentation of the book: Commercial Arbitration Law and Practice in Nigeria through the Cases, written by Mrs. Adedoyin Rhodes-Vivour and published by LexisNexis, South Africa.

    Justice Chima Nweze of the Supreme Court and a distinguished Professor of Law said the book supplies the missing link in arbitration literature “as there has been no major work devoted entirely to cases and materials on arbitration.”

    Chief Judge of Lagos State, Justice Olufunmilayo Atilade, represented by Justice Joseph Oyefeso, said the exponential growth of trade and investment, coupled with the drive to attract direct foreign investment, has made it more imperative for Nigeria to develop and sustain viable dispute resolution mechanisms to resolve conflicts when they do arise.

    “I am confident that this book will help to stem the tide of unnecessary challenges to awards by disgruntled parties who do not seem to understand the arbitration process,” she said.

    Ogun State Attorney-General Dr. Olumide Ayeni, who represented Governor Ibikunle Amosun, praised the author and reiterated the role of arbitration in economic development

    Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN), represented by Dr. K. U. K. Ekwueme, said the book was a significant contribution to knowledge on arbitration.

    “The book does not recycle the existing literature on arbitration; but it is an original book, and an intellectual ritual, which adopts a distinctively distinguishing methodology, which is case review, widely regarded as the best way of following legal developments,” he said.

    A Life Bencher, Mrs Hairat Balogun, stressed that arbitration was not only for lawyers, and that practitioners could be accountants, architects, engineers, doctors and those in the finance and insurance industry. The book, she said, fills a void in the legal literature on arbitration.

    Former Attorney-General of the Federation Chief Bayo Ojo (SAN) said: “For the first time, a legal text on arbitration in Nigeria considered arbitration law and practice through the prism of cases.”

    Mr. Mike Igbokwe (SAN) urged practitioners to share their knowledge through books. He stated that the development of arbitration in Nigeria is progressive and books of this nature will assist Nigeria in being recognised as a seat of arbitration in Africa and the world.

    Nigerian Shippers’ Council Executive Secretary, Mr. Hassan Bello, a lawyer, urged maritime operators to utilise alternative dispute resolution for quick and fast resolution of disputes.

    On what motivated her to write the book, Mrs. Rhodes-Vivour said: “It was my desire to make available a one stop reference material for all seeking knowledge on the state of Nigerian arbitration law and its statutes as interpreted by the court.”

  • Expanding ADR through online dispute resolution

    Online dispute resolution (ODR) is a genre of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.

    ODR techniques are already being deployed around the world in resolving a wide range of disagreements – from consumer disputes to problems arising from e-commerce, from quarrels amongst citizens to conflicts between individuals and the state. ODR is not appropriate for all classes of dispute, but on the face of it, is best placed to help settle high volumes of relatively low value disputes – robustly, but at much less expense and inconvenience than conventional courts or conventional arbitration.

    It is believed that efficient mechanisms to resolve online disputes will impact on the development of e-commerce. While the application of ODR is not limited to disputes arising from business to consumer online transactions, it seems to be particularly apt for these disputes, since it is logical to use the same medium (the internet) for the resolution of e-commerce disputes when parties are frequently located far from one another.

    Dispute resolution techniques range from methods where parties have full control of the procedure, to methods where a third party is in control of both the process and the outcome. These primary methods of resolving disputes may be complemented with Information and Communication Technology (ICT). When the process is conducted mainly online it is referred to as ODR, i.e. to carry out most of the dispute resolution procedures online, including the initial filing, the neutral appointment, evidentiary processes, oral hearings if needed, online discussions, and even the rendering of binding settlements. Thus, ODR is a different medium for resolving disputes, from beginning to end, respecting due process principles.

    While the use of ODR has become commonplace in the Western world with e-businesses such as Amazon and eBay solving millions of disputes through ODR, It is instructive to note that the concept of ODR is still very strange in Nigeria. On eBay alone, around 60 million disagreements amongst traders are resolved through ODR yearly.

    There is a huge market for arbitrators and other ADR practitioners in ODR if the proper legal framework is put in place and other modalities for its success worked out. With the advent of e-businesses in Nigeria, such as Konga, Jumia, Yudala, OLX, Jiji etc., and the numbers growing daily, the potential for growth of ODR can only be imagined. If properly utilised, this would be a veritable means for the inclusion of young arbitrators and ADR practitioners in the arbitral and Alternative Dispute Resolution processes.

     

    • Adetola-Kazeem is an arbitrator and

     a lawyer with Gani Adetola-Kaseem (SAN)