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Parties In Arbitration Must Abide By Errors Made, Condoned -Supreme Court
The Supreme Court has held that since parties in a contract are bound by the terms of their contract, they must also be bound by errors and mistakes they made, condoned and invariably waived.
The apex court made the pronouncement while delivering a judgement in an appeal emanating from an arbitration dispute between Dr. Charles Mekwunye and Christian Imoukhuede wherein the Court of Appeal had nullified an arbitrary award a tenancy arbitration agreement between the parties on the basis of an error in the agreement.
Dr. Mekwunye had in 2006 dragged Imoukhuede before an abritration panel over a tenancy dispute between them.
After the arbitration panel delivered its judgment in favour of Mekwunye, Imoukhuede approached the High Court of Lagos to nullify the arbitrary award which the High Court refused.
He further approached the Court of Appeal seeking to nullify the decision on several groundings including that there was an error in the arbitration agreement.
Imoukhude through his lawyers contended at the lower court, that while part of the arbitration clause in the tenancy agreement had stipulated that any dispute between parties must be settled by Chartered Institute of Arbitrators London, Nigeria branch, there was no such known body as the only Arbitration body then was Chartered Institute of Arbitrators, UK, Nigeria branch.
In its decision, the Court of Appeal giving a literally meaning to the interpretation of the clause, allowed the appeal and reverse the earlier decision of the arbitration panel affirmed by the High Court.
But the Supreme Court in a unanimous decision by all five Justices held that since parties in a contract are bound by the terms of their contract, they must also be bound by errors and mistakes they have condoned and waived.
In her concurring judgment, Justice Mary Peter-Odili said, “ The argument is that “the Chartered Institute of Arbitrators, London, Nigeria Chapter” is non-existent, making the referral to a non-existent body unenforceable. Indeed, parties are bound by their contract. However, where such terms or expression will not be absurd or is unambiguous, the intention of the parties is read into the contract.
“Furthermore, the Respondent was a party to the Tenancy Agreement and read same before appending his signature or subscribe to be bound by same. If he knew and believed that Chartered Institute of Arbitration London, Nigeria Chapter” was non-existent, why did he agree to be bound by same.
“I agree with the interpretation given by the trial court and I stand by it. Since parties are bound by the terms of their contracts, they must also be bound by errors and mistakes they have condoned and waived. The’ error having been condoned by the respondent is part and parcel of their contract and shall be interpreted so by me.”
On the issue of whether the lower court was right when it held that two parties to the arbitration agreement must have a say in the appointment of the arbitration, the apex court held that the respondent having submitted himself to the arbitration clause, cannot longer resile out of the decision simply because he is challenging the appointment of a sole arbitrator which he subscribed to.
The Governor of Rivers State, Sir Siminalayi Fubara, has begun the celebration of Nigeria’s 65th Independence anniversary with a Juma’at service where prayers were offered for the progress of the state and Nigeria.
Governor Fubara, who advocated for peace and unity of Nigeria during the prayers on Friday at the Rivers State Central Mosque, Port Harcourt, indicated that without peace, the accelerated development of Nigeria will remain in a limbo.
Governor Fubara, who was represented by Alhaji Abdurrazaq Diepriye, therefore urged citizens to remain patriotic.
According to him, “Allah has brought us this far. Without peace, we can not have progress and economic development. I call on all citizens irrespective of creed or tribe to remain patriotic.”
He thanked President Bola Tinubu for restoring peace in Rivers State while also using the forum to appreciate security agencies for their relentless effort in upholding the peace and unity of Rivers State and Nigeria.
The Chief Imam of Rivers State Central Mosque, Imam Ibrahim Yaloo, admonished Moslem faithful to always speak the truth, adding that those who obey Allah will be directed to good deeds and their sins forgiven.
Prayers were offered for Rivers State and Nigeria.
Other activities to mark the 65th Independence anniversary in the state include an Inter-denominational Church Thanksgiving Service on Sunday, 28th September and Parade Ceremony on Wednesday, 1st October.
Vice-President Kashim Shettima departed New York on Sunday after representing President Bola Tinubu at the 80th session of the United Nations General Assembly.
In a statement released on Sunday by the VP media aide, Stanley Nkwocha, the Vice President is now headed to Germany, where he will hold strategic meetings with officials of Deutsche Bank.
The statement read, “Vice President Kashim Shettima has departed New York, United States, after successfully representing President Bola Ahmed Tinubu, GCFR, at the 80th Session of the United Nations General Assembly.
“During his participation at UNGA 80, VP Shettima secured UN Secretary-General António Guterres’ commendation for Nigeria’s bid for a permanent UN Security Council seat.
“He also showcased Nigeria’s $200 billion energy transition opportunity to global investors and strengthened strategic partnerships with the UK on trade, defence, and migration issues.”
Nkwocha added that the VP delivered Tinubu’s national statement, calling for UN reforms and a permanent seat for Nigeria at the UN Security Council, and “demanded Africa’s control over its $700 billion mineral wealth, and digital inclusion initiatives.”
“He also engaged with the Gates Foundation on healthcare and education expansion, positioning Nigeria as the natural hub for the African Continental Free Trade Area’s $3.4 trillion market.
“VP Shettima was seen off at John F. Kennedy International Airport, New York, by cabinet Ministers who were part of the UNGA 80 delegation and Nigerian Mission officials.”
The aide noted that Shettima will return to Nigeria immediately after his engagements in Germany.
The Tide source recalls that the VP departed Abuja, yesterday.
He led other Nigerian officials at the Assembly.
As part of Nigeria’s 65th Independence anniversary celebration, the Federal Government held a special thanksgiving service on Sunday at the National Ecumenical Centre in Abuja to offer prayers and give thanks for the nation.
The event drew top government officials and security chiefs, including Senate President Godswill Akpabio and Secretary to the Government of the Federation, George Akume, as well as their spouses.
Other notable guests included Finance Minister and Coordinating Minister of the Economy Wale Edun, former Plateau State Governor, Senator Simon Lalong, and the Chief of Defence Staff, General Christopher Musa, who led the service chiefs in attendance.
Service chiefs present included the Chief of Naval Staff, Vice-Admiral Emmanuel Ogala, Inspector-General of Police Kayode Egbetokun, Comptroller-General of the Nigerian Immigration Service, Mrs Kemi Nandap and Controller-General of the Nigerian Correctional Service, Sylvester Nwakuche, among others.00
The service came days after the government unveiled the official theme and some of the activities slated for the 2025 Independence celebrations.
This year’s anniversary is tagged “Nigeria @ 65: All Hands on Deck for a Greater Nation,” as announced by the Director of Information and Public Relations at the Office of the Secretary to the Government of the Federation, Segun Imohiosen, in a statement on Wednesday.
“As part of activities to mark the 65th Independence Anniversary, the Juma’at Prayer and the Inter-Denominational Church Service will be held on Friday, 26th September at 1 pm and Sunday, 28th September at 10 am respectively, as well as the World Press Conference on Monday, 29th September at 10 am,” he said.
The Tide source had earlier reported that President Bola Tinubu, alongside former Heads of State, Yakubu Gowon, Olusegun Obasanjo and Goodluck Jonathan, is expected as a special guest at a national discourse convened by the Island Club, Lagos, to mark Nigeria’s 65th Independence Anniversary.
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