NIGERIA Law and Practice Contributed by: Olasupo Shasore, Mofiyinfoluwa Enitan, Ibukun Fasoro and Bamidele Ikusika, 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. Also, parties may agree to adopt the Inter - national Bar Association (IBA) Rules on the Taking of Evidence as the applicable rules of evidence in the arbitration proceedings. 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 compel the production of documents or other evidence rel - evant to the arbitration. 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
are not locally qualified. This means foreign-qualified lawyers or technical experts may appear as counsel or representatives, provided the parties agree. 8. Evidence 8.1 Collection and Submission of Evidence In Nigeria, arbitration practice reflects a balance between flexibility and procedural structure when it comes to collecting and submitting evidence, both at At the outset, parties typically exchange statements of claim and defence accompanied by supporting documents. Nigerian arbitration does not follow the broad, court-like discovery process common in some jurisdictions. Instead, it relies on a disclosure model shaped by party agreement or institutional rules, with parties often submitting only those documents they intend to rely on or that are requested by the tribunal upon a reasoned application by the opposing side. Use of Witness Statements and Cross-Examination It is common practice for evidence-in-chief to be pre - sented in writing through detailed witness statements filed with pleadings or shortly afterwards. During the oral hearing, these witnesses may be subject to cross- examination and, if necessary, re-examination. Expert Evidence Expert evidence may also be presented through writ - ten reports, and experts may be cross-examined at the hearing. Parties sometimes appoint their own experts, or the tribunal may appoint an independent Under Nigerian arbitration practice, the principle that evidence which would be privileged before the courts remains privileged in arbitration is generally upheld. The tribunal has discretion to determine the admis - sibility, relevance, materiality and weight of any evi - dence. the pleading stage and during hearings. Pleadings and Document Disclosure expert if the issues require it. Privilege and Admissibility
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