LEGAL PRINCIPLE: CUSTOMARY LAW — Customary Arbitration — Party Who Voluntarily Submits to Customary Arbitration Cannot Resile from Decision
PRINCIPLE STATEMENT
Where two parties voluntarily submit a dispute to customary arbitration and agree, expressly or by implication, that the decision would be accepted as final and binding, once the arbitrators reach a decision, it is no longer open to either party to back out or resile from the decision.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 15; Paras A–B.
"Where two parties to a dispute voluntarily submit the issue in controversy between them to an arbitration according to customary law and agree expressly or by implication that the decision of such arbitration would be accepted as final and binding, then once the arbitrators reach a decision, it would no longer be open to either party to subsequently back out or resile from the decision so pronounced."
EXPLANATION / SCOPE
Voluntary submission to customary arbitration binds the parties. The principle applies to customary law. Express or implied agreement to be bound suffices. The rule prevents resiling from the decision. The court will enforce the arbitration award. The principle is well-established.