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ISSUE OF JURISDICTION CAN ONLY BE RAISED AT THE ARBITRATION PANEL

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Dictum

The law therefore is that although in the regular Courts, the issue of jurisdiction can be raised at all stages of the proceedings of a case; from the trial to the final appellate, where a statute prescribed the stage at which the issue is to be raised in the course of the proceedings of a case, the issue cannot be validly and properly raised at any other stage other than the one stipulated in the statute. The general principle applies only where there was no statutory provision as to the particular or specific stage of the proceedings of a case at which the issue of jurisdiction is to be raised by a party.

– Garba, JCA. Dunlop v. Gaslink (2018)

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AWARD IS BINDING ON PARTIES

What the learned trial Judge recognized and ordered to be enforced was an arbitral award not a judgment. Appellant should have pursued in England by way of an appeal against the arbitral award but failed to do so. The award is binding on the parties and since the arbitral award is not fraudulently procured and it’s not against public policy, the court is bound to give effect to such award.

— Mshelia, JCA. Tulip v Noleggioe (2010) – CA/L/744/07

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JURISDICTION IS DETERMINED FROM THE FACTS PRESENTED BY THE PLAINTIFF

Para. 12: “The plaintiffs failed to address the issues raised by the defendant in the preliminary objection. This court in its inherent jurisdiction to do justice at all times will however proceed to analyze the issues raised in line with the facts presented by the plaintiffs in the initiating application. This is more so as jurisdiction is determined from the facts presented in a Plaintiffs application and not from the defence.”

— Osaghae v Nigeria (2017) – ECW/CCJ/JUD/03/17

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COURT LACKS JURISDICTION WHERE THERE ARE NO PROPER PARTIES

It is trite law that for a court to be competent and have jurisdiction over a matter, proper parties must be identified. Before an action can succeed, the parties to it must be shown to be the proper parties to whom rights and obligations arising from the cause of action attach. The question of proper parties is a very important issue which would affect the jurisdiction of the court as it goes to the foundation of the suit in limine. Where proper parties are not before the court then the court lacks jurisdiction to hear the suit.

– Adekeye, J.S.C. Goodwill v. Witt (2011) – SC. 266/2005

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PARTY CANNOT RESILE AFTER SUBMISSION TO CUSTOMARY ARBITRATION

On these facts of the customary arbitration by the Abuloma Council of Chiefs before whom the parties herein lead consensually submitted themselves to for the resolution of their dispute and the verdict of which arbitration was acceptable to all of them, it would no longer be open to either of the parties to subsequently back out or resile from the decision or verdict reached and pronounced upon the arbitration. See Oparaji v. Ohanu (1999) 9 NWLR (Pt. 618) 290, (2001) FWLR (Pt. 43) 385. The appellants are now estopped from resiling out of the customary arbitration of the Abuloma Council of Chiefs, which they voluntarily submitted their dispute with the respondents to, and agreed to accept the verdict of. Apart from this specie of estoppel operating as estoppel per rem judicatam; it also operates as estoppel by conduct by virtue of section 150 of the Evidence Act, 1990 (now section 169 of the Evidence Act, 2011). It is, therefore, unconscionable for the appellants, having by their words or conduct made the respondents to believe that they would be bound by the verdict of the Abuloma Council of Chiefs, to resile out of it and set up the suit, the subject of this appeal. See Joe Iga & Ors. v. Ezekiel Amakiri & Ors. (1976) 11 SC 1 at pages 12 – 13.

— Eko JSC. Benjamin v Kalio (2017) – SC/207/2006

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THE CONCEPT OF JURISDICTION

The concept of what jurisdiction encompasses was proffered in the judgment of this Honourable Court in Aladejobi v. N.B.A. (2013) 15 NWLR (Pt.1376) page 66 at 81, wherein this Court held as to the Constitution of jurisdiction thus: “It is said to be the authority which a Court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. Such authority of the Court is controlled or circumscribed by the statute creating the Court itself or it may be circumscribed by a condition precedent created by a legislation which must be fulfilled before the Court can entertain the suit. It is the power and authority of a Court to hear and determine a judicial proceedings and power to render particular judgment in a cause of action.”

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ARBITRATION PANELS ARE SPECIAL QUASI-JUDICIAL PROCEEDINGS

As a foundation, I would state that Arbitration proceedings are special quasi-judicial proceedings which are specifically provided for, regulated and governed by the Arbitration and Conciliation Act as well as the Arbitration Rules provided for in the schedule to the Act. The proceedings are not the same as the usual judicial proceedings in the determination of disputes which are also governed and regulated by the different Rules of procedure and practice enacted for such Courts.

– Garba, JCA. Dunlop v. Gaslink (2018)

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