Rescuing Commercial Arbitration in Nigeria from Technicalities: A Review of the Supreme Court Decision in Mekwunye v Imoukhuede

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ABSTRACT

Rescuing Commercial Arbitration in Nigeria from Technicalities: A Review of the Supreme Court Decision in Mekwunye v Imoukhuede

Stephen Idowu Ilesanmi ⃰ and Foluke Dorcas Moronkeji **

This paper reviews the Supreme Court (SC) decision in Dr Charles Mekwunye v Christian Imoukhuede through the doctrinal method. The SC held that technicalities could not be used to impugn a patently regular arbitral award. The Court decided that a pathological arbitration clause will not be rendered invalid where it is possible to give meaning to it to give effect to the parties’ intention to arbitrate. The article argues that the decision has foregrounded the SC as a pro-arbitration arbiter determined to make Nigeria an arbitration friendly jurisdiction by insulating the flames of arbitration from the punting waters of technicalities. The article assesses the impact of this decision on the growth of arbitration in Nigeria and finds that it is a welcomed development as it rescues arbitration from the hands of technicality and unscrupulous disputants. The decision has further bolstered the finality and bindingness of arbitral awards and the willingness of the Courts to enforce them and not allow a party who has arbitrated in good faith, to turn around and seek to nullify the same under the flippant and atrocious guise. Therefore, the paper suggests that the SC should continue to raise the bar toward liberalisation, insulation, and development of arbitration in Nigeria from technicalities due to its several advantages.

Keywords: Arbitration, Arbitral award, Justice, Nigeria, Supreme Court, Technicalities.

INTRODUCTION
Unarguably, arbitration has become one of the preferred means of amicable dispute settlement mechanisms adopted for the settlement of commercial disputes where a relationship is paramount 1and its continuity essential.₁. When parties contract, they may insert an arbitration clause as one of the clauses in the main contract or execute an arbitration agreement as a separate agreement meant…

* LL. B (Hons.), LL.M (UI), BL, Lecturer, Department of Jurisprudence and International Law, Faculty of Law, University of Ibadan. Email: sa*********@ya***.com and si*********@ui.ng Telephone: +2348032421623. He is currently a Doctoral Candidate at University of Ibadan, Nigeria.
** LL.B (Hons), LL.M (UNILAG) MPhil (OAU) BL, Lecturer, Department of Private and Property Law, Adeleke University, Ede, Osun State. Email: ba*********************@gm***.com Phone No: +2348034065015. She is at present a Doctoral Candidate at Obafemi Awolowo University, Nigeria.

1. Olakunle J Orojo, and Ayodele M Agomo, Law and Practice of Arbitration and Conciliation in Nigeria (Lagos, Mbeyi & Associates (Nig.) Ltd 1999) 100; Najeem OAIjaiya, Emmanuel AAdesina, Olufemi Abifarin, ‘Interrogating the Legislative Power of a State House of Assembly to Enact Arbitration Law in Nigeria’ (2019) 2(2) Gambia Law Review 34.

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.13 NO.2