Nigeria's appellate courts, arbitration and extra-legal jurisdiction--facts, problems, and solutions: a rejoinder

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 matters to only first instance courts and that appellate courts lack the jurisdiction to entertain 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 supreme, judicial powers are vested in the courts established by the constitution, the jurisdiction 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 instance courts in arbitration matters in Nigeria and that the jurisdiction is not extra-legal.