NIGERIA Law and Practice Contributed by: Olasupo Shasore, Ibukun Fasoro, Tochukwu Amaefule and Michael Chukwu, Africa Law Practice NG & Company
8.2 Rules of Evidence Rules of Evidence in Nigerian-Seated Arbitral Proceedings Arbitral proceedings seated in Nigeria are not strict - ly bound by the formal rules of evidence that apply in Nigerian courts, such as those found in the Evi - dence Act, 2011. Instead, the AMA grants arbitral tri - bunals the discretion to determine the admissibility, relevance, materiality and weight of evidence. While tribunals and parties sometimes draw guidance from the Evidence Act for persuasive value, they typically apply rules consistent with the chosen rules of proce - dure in line with arbitration practice and international standards. 8.3 Powers of Compulsion Court Assistance and Powers of Compulsion in Nigerian-Seated Arbitrations Arbitral tribunals do not have inherent powers of com - pulsion to force parties or non-parties to produce doc - uments or attend hearings. Instead, the AMA provides tribunals with the ability to seek assistance from the courts where necessary for the issuance of summons for witnesses to attend and give evidence or com - pel the production of documents or other evidence relevant to the arbitration. Please see Section 43 of the AMA. This assistance applies differently to parties and non-parties. Parties who have agreed to arbitrate are generally expected to comply voluntarily with the tri - bunal’s directions as part of their contractual commit - ment. By contrast, non-parties are not bound by the arbitration agreement, so tribunals must rely on the courts to compel their co-operation. 9. Confidentiality 9.1 Extent of Confidentiality Confidentiality in Nigerian-Seated Arbitration Arbitral proceedings seated in Nigeria are generally regarded as confidential, reflecting a widely accept - ed feature of arbitration as a private method of dis - pute resolution. The AMA reinforces this principle by expressly providing that the proceedings themselves – including pleadings, evidence and the final award
– should remain confidential unless the parties agree otherwise. However, confidentiality is not absolute. Nigerian law and practice recognise certain situations where dis - closure may be necessary or permitted such as where disclosure is required to protect or enforce a party’s legal right (such as in setting-aside or enforcement proceedings before a court). In practice, Nigerian courts have also acknowledged that once parties bring aspects of the arbitration into the public domain – such as by seeking enforcement of an award – the related documents and proceedings may become part of the court record, potentially limit - ing confidentiality to that extent. 10. The Award 10.1 Legal Requirements Legal Requirements and Timing of Arbitral Awards in Nigeria Per Section 47 of the AMA, an arbitral award must be in writing and signed by the arbitrator or all members of the arbitral tribunal. Where the tribunal comprises more than one arbitrator, the signatures of the major - ity suffice, provided that the reason for any omitted signature is explained. The award must also state the reasons on which it is based, unless the parties have agreed otherwise or the award is made by consent of the parties (a settlement award). In addition, it must specify the date of the award and the place of arbitration, which is deemed to be the place agreed by the parties or determined by the tribunal under the AMA. Regarding timing, the AMA generally requires that an award be made within 90 days of the date on which the parties or tribunal have declared proceedings closed, unless the parties agree to extend this period or the tribunal itself, for justifiable reasons, extends the time.
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