Name of arbitration practitioner:

Shehu Mustafa

Education, Awards:

Education:

• LL.B (Ambrose Alli University, Ekpoma)
• LL.M (NYU)
• LL.M (National University of Singapore)

Awards/Recognitions:

• Ernest Shonekan Prize for Legal Drafting and Conveyancing Law (Nigerian Law School 2007)
• Dean’s Scholarship (NYU, 2012)
• International Law and Human Rights Fellow (NYU Centre for Human Rights & Global Justice 2013)
• Commonwealth Professional Fellow (Commonwealth Scholarship Commission 2015)

Countries qualified to practise:

Nigeria

Language(s):

• English
• Hausa
• French (beginner)

Name of law firm/institution:

Aluko & Oyebode, Nigeria.

Area(s) of specialisation:

Litigation, Arbitration, Taxation and Employment

Institutional affiliation(s):

• Nigerian Bar Association
• LCIA Young International Arbitration Group
• Young ICCA
• CLOUT (case law on UNCITRAL texts)
• IACL (international arbitration case law)

What influenced your interest in arbitration?

My interest in arbitration commenced from my undergraduate thesis on the legal settlement of international disputes. This interest followed the preferences of my clients. As I became more conversant with arbitration while studying under Professor Lawrence Boo, my interest was propelled by the relative efficiencies and procedural flexibilities in arbitration which often results in a better outcome for the disputants.

What are some of the challenges faced by young practitioners working on disputes in Africa? What do you think can be done to address these challenges?

One of the common challenges that young practitioners face in Nigeria is the inadequacies in the pre-qualification training which means that many who qualify are incapable of doing any significant practical work until they have received extensive tutelage. This is especially ironic because it takes a minimum period of six years of post-secondary school academic training to qualify to practice law in Nigeria. This problem can be remedied by increasing the practical aspects of the training such as requiring a yearly period of immersion in an established practice during each of the six years of academic training. Another problem is the challenges with building a reputation and creating visibility. This can be remedied by young practitioners doing excellent work, being more proactive and realizing early-on that they are the architects of their careers, seeking and taking on mentorship opportunities, volunteering with professional organisations.

What do you think can be done to improve the domestic arbitration practice in Nigeria?

Oftentimes, upon the conclusion of arbitral proceedings, the dispute gets into the regular court system in the form of actions to set-aside and/or enforce the award. This sojourn through the court system is just as inefficient as regular litigation. It will therefore be beneficial to have a statutorily dedicated Judge or division to address litigation arising from arbitration with very strict timelines. Another significant problem is with practitioners who introduce dilatory and other recalcitrant tactics prevalent in litigation to arbitration. Perhaps a way to handle this could be to have a code of conduct for practitioners and parties to arbitration who will sign-on at the beginning of the arbitral proceedings to refrain from engaging in undesirable conduct.

With the rising cost of arbitration, what do you think can be done to reduce costs and make arbitration attractive to indigent and low net worth claimholders? 

One thing that can be done is to reconsider the way arbitrators charge their fees (which is the single biggest cost element). The prevalent method of charging by reference to the value of the claim in issue is in my view unreasonable and unrealistic. Claimants are often optimistic at the point of filing claims and in my experience, I have not come across an arbitration in which the Tribunal granted the full amount claimed. Another way to manage costs will be for institutions to create rosters/panels of “junior” less busy but very competent practitioners whose time will necessarily cost less. Using a sole-arbitrator as the default (as in the proposed amended Arbitration and Conciliation Act of Nigeria) will be helpful in keeping costs down. Tribunals could also try to get parties to agree/”stipulate” certain issues which will save the cost and time of proving such issues. Of course, a re-examination of the rules on access to third party funding and a permission of such access under defined terms will make arbitration more accessible to financially challenged claimholders.

Do you have any role model(s) or mentors in the field of arbitration? What impact have they had on your career?

Yes I do. I am unable to mention some due to ongoing proceedings. However, I must mention Mrs. Funke Adekoya SAN as well as Mr. Babatunde Fagbohunlu SAN. These are very accomplished practitioners who continue to exude diligence and creativity. I find their work inspiring because despite all they have accomplished, they are unrelenting, and persist in pushing for the best.

What advice do you have for other young arbitration practitioners?

Ensure you are known for consistently delivering excellent work. Find a good mentor and learn the necessary inter-personal skills. Volunteer with the relevant associations. Plan your career path. Stay informed, subscribe to the relevant blogs newsletters, journals etc.