VITAMALT PLC V. IBRAHIM ABDULLAHI

OGUNBIYI JCA (Delivering the Lead Judgment): The facts of this case simply put are as follows:- The respondent, Ibrahim Abdullahi an executive director of the appellant company, Vitamalt Plc in October, 1999 had a dispute with the appellant following his removal as executive director of the said company. In suit No. FHC/L/CS/1424/99, the respondent sued the appellant in the Federal High Court. The suit was heard by Hon. Justice Sanyaolu who referred the matter to an arbitrator in view of the provisions in the service agreement betweenthe parties. On 12/4/2000,the respondent’s application to that effect was granted andthe matter referred to an arbitrator, Hon. Justice A. O. Silva (rtd) for hearing and determination.

The arbitration commenced on 12/5/2000 and an award made on 28/ 12/2000. Learned counsel for both the appellant and the respondent wrote letters to the arbitrator seeking to correct certain areas of the award but on 16/2/2001 the arbitrator in a letter exhibited before the…