Nigeria’s appellate courts, arbitration and extra-legal jurisdiction—facts, problems, and solutions: a rejoinder Paul Obo Idornigie þ ABSTRACT In an article published in Volume 28, Number 1, pp 63–76 in the LCIA Arbitration International, Dr Ola O Olatawura contended that sections 34 and 57 of the Nigerian Arbitration and Conciliation Act, Cap A18 LFN 2004 limit litigation in arbitration mat- ters to only first instance courts and that appellate courts lack the jurisdiction to enter- tain appeals from arbitration matters in Nigeria. This rejoinder re-examines the article written by Dr Olatawura and contends that the conclusions reached by him fail to take into account the fact that Nigeria has a written constitution, the constitution is su- preme, judicial powers are vested in the courts established by the constitution, the ju- risdiction vested in both the state and federal high courts (first instance courts) and the appellate system in Nigeria. The conclusion of this rejoinder is that both the Court of Appeal and the Supreme Court have jurisdiction to hear appeals from the first in- stance courts in arbitration matters in Nigeria and that the jurisdiction is not extra- legal. 1. INTRODUCTION In an article titled ‘Nigeria’s Appellate Courts, Arbitration and Extra-Legal Jurisdiction—Facts, Problems and Solutions’ and published in the LCIA Arbitration International, Volume 28, Number 1, pages 63–76, Dr Ola O Olatawura gave a fac- tual background to the development of arbitration in Nigeria. I must commend his scholarship and industry. However his analysis of the role of the courts, unwarranted delays and their causes, recognized courts and delay, arguments, resolutions and post-enactment questions require a further detailed analysis for one to appreciate the þ PhD in International Commercial Arbitration (Jos, Nigeria), Barrister and Solicitor of the Supreme Court of Nigeria; Research Professor and Head, Department of Alternative Dispute Resolution, Nigerian Institute of Advanced Legal Studies, Abuja, Nigeria; a Chartered Secretary/Administrator; Member, Chartered Institute of Arbitrators (UK), Member, London Court of International Arbitration; on the Panel of Arbitrators at the Lagos Regional Centre for International Commercial Arbitration, Abuja Multi- door Courthouse, Lagos Multi-door Courthouses and Nigerian Communications Commission; formerly General Counsel, Bureau of Public Enterprises, Abuja; Senior Lecturer, Nigerian Law School, Abuja; Lecturer, University of Jos. Email: idornigie@hotmail.com V C The Author 2015. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com  171 Arbitration International, 2015, 31, 171–180 doi: 10.1093/arbint/aiv031 Letter to the Editor Downloaded from https://academic.oup.com/arbitration/article/31/1/171/252956 by guest on 02 May 2023