ECOBANK NIGERIA PLC V. ADMIRAL ENVIRONMENTAL CARE LTD & ORS

PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Leading Judgment): Introduction

The factual matrix undergirding this appeal (which is against three rulings of the Kaduna State High Court of Justice, coram: M. T. M. Aliyu, J., delivered on 21/11/2011, 29/2/2012 and 10/2/2014) is quite intriguing. The 1st Respondent [Admiral Environmental Care Limited] and Oceanic Bank International Limited (“Oceanic Bank”) entered into an agreement dated 5/5/09 “for the purpose of engaging in and facilitating agricultural development in the Northern States of Nigeria upon the terms and subject to the conditions set out” therein. Clause 13.1 thereof provided for settlement of disputes by “mutual consensus” of the parties or where settlement cannot be reached, reference to arbitration by a Tribunal of three arbitrators. Each party was to appoint one arbitrator, and the two arbitrators so appointed would then appoint the third arbitrator (or ‘umpire’ in the language of the agreement). As things panned ou…