ZENITH GLOBAL MERCHANT LIMITED V. ZHONGFU INTERNATIONAL INVESTMENT (NIG) FZE OGUN STATE GOVERNMENT ATTORNEY-GENERAL OF OGUN STATE

AKINYEMI J. (Delivering the Judgment): By originating motion dated 5 January 2017, the applicant sought the following relief:

“An order restraining the parties in this suit whether by themselves or through their agents, servants, privies, assigns, representatives or anybody whatsoever from seeking and or continuing with any step, action and or participate directly or indirectly in the arbitral proceedings between the parties to wit: Singapore International Arbitration Centre (“SIAC”) Arbitration No. 300 of 2016 under the UNCITRAL Arbitration Rules (with new article 1, paragraph 4 as revised in 2013) (“ARB300/16/JCL”)”.

The grounds of the application as stated on the motion paper are as follows:

1. The 1st respondent has waived its right to arbitration by instituting suit No. FHC/ABJ/CS/601/2016: Zhongfu International Investment (NIG) FZE v. (1) Nigeria Export Processing Zones Authority; (2) Attorney-General of Ogun state; and (3) Zenith Global Merchant Limited, to litigate the di…