Nigeria's Appellate Courts, Arbitration and Extra-Legal Jurisdiction: Facts, Problems, and Solutions

Abstract

Since the UNCITRAL Model Arbitration Law (‘MAL’) 1985 became the generally adopted standard, local courts’ powers and roles in arbitration-related issues have been strictly limited. This article examines the jurisdiction of Nigeria's appellate courts under the Arbitration and Conciliation Act, Cap A. 18 LFN 2004. It contends that sections 34 and 57, Cap A. 18 LFN 2004, which are based on Articles 5 and 6, UNCITRAL MAL 1985, limit litigation in arbitration matters to only first instance courts. The current free appeals disregards the law, promote delays, frustrates the policy of finality and speedy settlement, and affects the choice of ‘Nigerian law’ in arbitration agreements. These results whittle the growth of the arbitration industry and the desire to make Nigeria a credible regional base for international arbitration services. There being no exceptional case for appeals in the law, appellate courts should reject or summarily dismiss cases for want of jurisdiction. However because of advantages of appellate courts' jurisdiction, the courts and legislator must now carefully craft doctrine and statutes to reduce unnecessary appeals that defeat the basis for arbitration.