CORAM

JOSEPH SHAGBAOR IKYEGH

UDOMA JUSTICE, SUPREME COURT

KARIBI- WHYTE JUSTICE, SUPREME COURT

JOSEPH SHAGBAOR IKYEGH

UDOMA JUSTICE, SUPREME COURT

KARIBI- WHYTE JUSTICE, SUPREME COURT

PARTIES

1.ADDAX PETROLEUM EXPLORATION (NIG.) LTD2.ADDAX PETROLEUM DEVELOPMENT (NIG.) LTD                APPELLANTS

PEACEGATE OIL AND GAS LIMITED              RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

In the course of arbitral proceedings to resolve dispute between parties, one of the arbitrators informed the parties that he had acted for a certain Addax SA of Geneva and sought to know if the Appellant was an affiliate of the said company so as to disqualify himself from acting as an arbitrator. The parties rather expressed their confidence in the arbitrator and did not object to his acting as an arbitrator. At the end of the proceedings, an award was made in favour of the Respondent. Thereafter, the Respondent filed two applications at the lower court, the first for an order to set aside part of the award and the second to enforce part of the award. The application to enforce part of the award was not opposed by the Appellant hence the court granted same. However, the Respondent in prosecuting its application to set aside part of the award relied on the ground that the participation of the arbitrator who indicated that he had acted for Addax SA of Geneva in the arbitration, breached the nemo judex in causa sua rule of natural justice which the court relied on and proceeded to set aside the entire arbitral award. The Appellants being dissatisfied with the lower court’s decision have appealed against same.

HELD

Appeal Allowed

ISSUES

?    Whether the Learned Trial Judge was right when he held that one of the arbitrators, namely Mr. Candide Johnson, SAN was in breach of fair hearing even after disclosing his interest in accordance with the Arbitration and Conciliation Act

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Arbitration and Conciliation Act, 1988,

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