CORAM

---

I. L. KUTIGI JUSTICE, SUPREME COURT

U. A. KALGO JUSTICE, SUPREME COURT

D. MUSDAPHER JUSTICE, SUPREME COURT

W. S.ONNOGHEN JUSTICE, SUPREME COURT

I. F. OGBUAGU JUSTICE, SUPREME COURT

---

PARTIES

---

NIGERIAN NATIONAL PETROLEUM CORPORATION

APPELLANTS 

---

LUTIN INVESTMENTS LTD

HON. JUSTICE UCHE OMO (Learned Arbitrator)

RESPONDENTS 

---

AREA(S) OF LAW

---

NATURE AND POWERS OF ARBITRATOR – ARBITRATION AND CONCILIATION ACT

 

 

---

SUMMARY OF FACTS

The Appellant and the Respondent entered into an agreement which made provision for reference to Arbitration in the case of any dispute which could not be mutually settled. A dispute arose that was referred to Arbitration, but during the arbitral proceedings, counsel to the appellant challenged the authority of the learned arbitrator in the Federal High Court.

 

 

---

HELD

---

The Supreme Court held that under the Arbitration and Conciliation Act, LFN, the Arbitrator had unfettered discretion to decide where to sit in or outside Nigeria and to hear or take the evidence of witnesses. He had therefore not exceeded his authority. Appeal was dismissed.

 

 

---

ISSUES

---

Whether the Court of Appeal was right in holding that “any place it considers appropriate” under section 16 of Cap. 19 Laws of Nigeria extends to taking evidence in London by the arbitrator against the wish of one of the parties to the arbitration agreement, the proper, correct and scope of the interpretation of the words:- “any place it considers necessary” in section 16(2) of the Arbitration Act 1990 of the Laws of Federal Republic of Nigeria

 

 

---

RATIONES DECIDENDI

---

PROOF OF INCORPORATION OF COMPANY

---

 

“I have also no doubt that the best evidence of proof of incorporation of a company is the production of a genuine Certificate of Incorporation from the Company registration authority of any particular country.” U.A. KALGO, JSC.

 

 

 

---

CARDINAL PRINCIPLE OF THE INTERPRETATION OF STATUTES

---

 

“It is now well settled that the cardinal principle of the interpretation of Statutes is that where the words used by the legislature in a statute are clear and unambiguous in their ordinary meaning, effect should be given to them without resort to any external aid. The duty of the court therefore is to interpret the words as used in the Statute.” U.A. KALGO, JSC

 

 

---

CASES CITED

---

Cases referred to in the Judgment:

A.G. Bendel State v.A.G. Federation (1983) 1 SCNLR 293

 

African Continental Bank PLC & anor. V. Emostrade Ltd. (2002) 8 NWLR (pt. 770), (2002) – SCM –

 

Alhaji Maingge V. Alhaji Gwamma (2004) 7 S.C. (pt. 11) 86, (2004) 9 –12 SCM (pt 1) 129

 

Arinze V. First Bank Nig. Ltd. (2004) 12 NWLR (pt.888), (2004) 5 SCM 35

 

Bank of Baroda V. lyalabani Ltd. (2002) 7 SCNJ, (2002) 12 SCM 7

 

City Engineering (Nig) Ltd V. Nigeria Airports Authority (1999) 11 NWLR (Pt. 625) 76

 

Dangote V. Civil Service Commission Plateau State (2001) 9 N. W.L.R. (pt. 717) 132, (2001) 5 SCM 59

 

Ezemba V. Ibeneme & anor (2004) 7 SCNJ. 136, (2004) 8 SCM 39

 

 

 

Fawehinmi V. N.B.A (No.2) (1989) NWLR (Pt. 105) 558

 

General & Aviation Services Ltd, V. Captain Paul M. Thahal (2004) 4 SCNJ. 89, (2004) 4 SCM 37

 

International Messengers (Nig.) Ltd, V. Pegofor Industries Ltd. (2005) 5 SCNJ, (2005) 7 SCM 41

 

J.K. Randle V. Kwara Breweries Ltd. (1986) 6 S.C. 1

 

Kotoye V. Saraki (1994) 7 NWLR (Pt. 357)

 

Mark & anor. V. Eke (2004) 1 SCNJ. 245, (2004) 1 SCM 41

 

Mobil Producing Nig. Unlimited v Chief Monokpo & anor. (2003) 18 NWLR (pt.852) 346, (2003) 12 SCM 145

 

Montgomery Jones & Co. V. Liebemttal (1898) 78 L. T. 406

 

Odua Investment Co. Ltd V. Talabi (1997) 10 NWLR (Pt. 523) 1

 

Okolo & anor. v Union Bank of Nigeria (2004) 1 SCNJ. 125, (2004) 2 SCM 189

 

Olatubosun V. NISER (1988) 3 NWLR (Pt. 80)

 

Owoyemi V. Adekoya (2003) 18 NWLR (pt.852) , (2003) 12 SCM 277

 

Registered Trustees of Apostolic Church Ilesha Area V. Attorney-General Mid-Western State & 2 ors. (1972) NSCC (vol. 7) 247

 

A.G. Bendel State v.A.G. Federation (1983) 1 SCNLR 293

St. John Shipping Corporation V. J Rank Ltd. (1956) 3 All E.R. 683,

Udih V. Elizabeth Idemudia (1998) 3 SC.

 

---

STATUTES REFERRED TO

---

Arbitration and Conciliation Act 1990

 

 

---

CLICK HERE TO READ FULL JUDGMENT