PRINCIPLE STATEMENT

Under Sections 29, 30, 31 and 32 of the Arbitration and Conciliation Act, an award that has not been successfully challenged has the force and effect of a court judgment and shall be recognised and enforced by the court on application of any party.

RATIO DECIDENDI (SOURCE)

Per Kalgo, JSC, in Ras Palgazi Construction Company Limited v. FCDA (2001) NLC-4596(SC) at pp. 18–19; Paras D–A.
"The parties have the right to challenge the award in court but until any of the parties succeeds in challenging the award, the award has the force and effect, for all purposes, as a court judgment. And the award once filed in court shall be recognised and enforced by the court on the application of any of the parties to the award. See Sections 29, 30, 31 and 32 of the Arbitration and Conciliation Act, Cap. 19 of 1990, Laws of Federation of Nigeria."
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EXPLANATION / SCOPE

The Arbitration and Conciliation Act provides a comprehensive framework for recognition and enforcement of arbitral awards. Sections 29–32 govern the process. An unchallenged award has the force of a court judgment. The award must be recognised and enforced by the court on application. The court has limited grounds to refuse enforcement, primarily those listed in the Act. The principle promotes Nigeria’s adherence to international arbitration standards. The award creditor can enforce the award without relitigating the merits. The award debtor must challenge the award within the time limits. The Act’s provisions are mandatory. The court cannot refuse enforcement on grounds not specified in the Act.

CASES APPLYING THIS PRINCIPLE

Ras Palgazi Construction Company Limited v. Federal Capital Development Authority