Facts:
The Applicants were contracted by the 1st to 5th Respondents to construct an international airport in Oba, Anambra State and a contract agreement was drawn to that effect, and clause 17 of the agreement provided for arbitration to resolve any disputes arising. Following a dispute, the Applicants invoked the arbitral clause provided in the contract agreement. They appointed the 7th Respondent as arbitrator. The 1st to 5th Respondents appointed the 8th Respondent as arbitrator. The two arbitrators then appointed the 6th Respondent as the presiding arbitrator.
The Applicants’ case is that the parties (Applicants and the 1st to 5th Respondents) were requested to pay the sum of N20,000,000.00 (Twenty Million Naira) jointly as deposit towards the fees/costs of the arbitration. The Applicants paid their part but the 1st to 5th Respondents had not yet paid before the suit was filed. The Applicants claim that despite the non-payment of the said arbitration fee/costs by the 1st to 5th Respondents, the arbitration proceeding continued and was concluded on the 18th day of January 2020. It is claimed that since the conclusion of the hearing on the said 18/01/20, an unreasonable period had elapsed without the arbitrators publishing their award. Based on the above, the Applicants believe the arbitrators to be biased and thus by this suit have sought to set aside the arbitral proceedings.
The 1st to 5th and 8th Respondents and the 6th Respondent contended that contrary to the position of the Applicants, the final exchange of process between the parties took place in June 23rd 2020 and not 18th day of January and that the arbitrators had not conducted themselves in any manner that warrants the suit or the reliefs being sought.