Facts:

The Applicant via an Originating Summon against the Respondent sought an order setting aside the Final Award dated 6th July 2020 in the matter of arbitration between Broron Oil and Gas Limited (as the Claimant) and Addax Petroleum Exploration (Nigeria) Limited (as the Respondent) made by the Arbitral Tribunal. The Applicant sought the order on the grounds that the tribunal acted without jurisdiction or exceeded the scope of its jurisdiction by hearing and issuing an award in respect of a dispute arising from an agreement dated 3rd April 2014 between the parties which did not contain an arbitration clause; that the tribunal misapplied the principle in the Supreme Court case of NNPC v. Klifco Nigeria Limited and Section 12(3)(a) of the ACA to the effect that a party is statute-barred for not challenging an Arbitral Tribunal’s jurisdiction within the time prescribed; and that the Tribunal misconducted itself for various reasons.

The Respondent contended that both parties agreed to submit themselves to the jurisdiction of the tribunal for the resolution of any dispute which arises from the contract agreement, and as such, the Applicant cannot raise an issue on jurisdictional ground, having waived its right by actively participating in the proceeding till the end. Counsel for the Respondent further contended that there was no misconduct of the tribunal as they acted in accordance with the law.

Upon consideration of arguments put forth by the parties, the Court dismissed the Applicant’s Application to set aside the Arbitral Award.