LEGAL PRINCIPLE: CUSTOMARY LAW – Arbitration – Proof of Submission to Customary Arbitration
PRINCIPLE STATEMENT
The statement submitted by the defendants to the arbitrators is necessarily a part of the proceedings of arbitration which is pleaded and therefore admissible. In fact it should strictly speaking have been part of Exhibit C and not a different Exhibit D even though the effect is to properly fix the defendants at the arbitration and as active participants in the arbitration proceedings as well.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ekpe & Ors v. Oke & Ors (2001) NLC-351996(SC) at p. 8; Paras A–B.
"The statement submitted by the defendants to the arbitrators is necessarily a part of the proceedings of arbitration which is pleaded and therefore admissible. In fact it should strictly speaking have been part of Exhibit C and not a different Exhibit D even though the effect is to properly fix the defendants at the arbitration and as active participants in the arbitration proceedings as well."
EXPLANATION / SCOPE
Documents showing a party’s participation in customary arbitration—including statements submitted to arbitrators—are admissible as part of the arbitration proceedings if pleaded. Such evidence establishes that the party actively participated, submitted to the arbitrators’ jurisdiction, and is bound by the award. The precise exhibit labelling (whether part of the main exhibit or separate) does not affect admissibility if the content is properly pleaded. The key is proof of active participation, not mere presence. Once established, the party cannot later challenge the arbitration’s validity. This promotes finality in customary dispute resolution.