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Applicable requirements
as to form of arbitral awards

·        
Must an award take any particular form (eg, in writing, signed,
dated, place, the need for reasons, delivery)?

The primary legislation applicable to arbitration is the
Arbitration and Conciliation Act, Chapter A18, Laws of
the Federation ofNigeria 2004 (ACA).
Section 26 of
the
ACA states that an arbitral award shall be in writing and signed by the
arbitrator or arbitrators, and that if the arbitral tribunal comprises of
more than one arbitrator,
the signatures of
a
majority of
the
members of
  the
arbitral tribunal shall suffice providedthe
reason for the absence ofany signature is stated.

Furthermore, the award shall state the reasons upon which its
conclusions are based unless the parties have agreed that no reasons are to be
given or the award is on agreed terms under section 25 of
the ACA (consent award).
The award shall also state the date on which it was made and the place of
arbitration. A copy ofthe award shall be
delivered to each party.

Applicable procedural law
for recourse against an award

2         Are there
provisions governing modification, clarification or correction of an award?

Section 28 of the
ACA provides that a party may, within 30 days of
receipt of an
arbitral award, with notice to the other party, request the arbitral tribunal
to correct in the award any errors in computation, any clerical or
typographical errors or any errors of
a similar nature, and give an interpretation of a specific point or part
of
the
award. The tribunal shall revert within 30 days. The tribunal may also on its
own volition, within 30 days of
the
date of
the
award, correct any error.

The parties can also request the arbitral tribunal to make an
additional award as to the claims presented in the arbitral proceedings but
omitted from the award. An additional award shall be made within 60 days of
the request.

Applicable procedural law
for recognition and enforcement of arbitral awards

·        
May an award be appealed to or set aside by the courts? If so,
on what grounds and what procedures? What are the differences between appeals
and applications for set-aside?

An arbitration award is final and there is no provision for an
appeal arising therefrom under Nigerian law. However, sections 29 and 30 of
the ACA provide three
grounds for setting aside a domestic award.

Section 29(2) provides that the court may set aside an arbitral
award if
a party
makes an application (on notice to the other party) and furnishes proof that
the award contains decisions on matters that are beyond the scope of
submission to
arbitration. However, if
the
decisions on matters submitted to arbitration can be separated from those not
submitted, only that part of
the
award that contains decisions on matters not submitted may be set aside.

Section 30(1) provides two further grounds for setting aside an
arbitral award. The first ground is if
an arbitrator has misconducted himself or herself. The instances of misconduct were set out
by the Supreme Court of
Nigeria
in Taylor Woodrow (Nig.) Limited v S.E. GmbH [1993] 4 NWLR (Pt 286) 127.
Second, the court may set aside an award if it was improperly procured or
tainted by fraud.

Whereas an appeal attacks the merits of an arbitral award (which
is not permitted under Nigerian law), a setting aside application is
essentially a complaint that due process was not observed by an arbitral
tribunal in making an arbitral award.

With regard to international awards, section 48 of the ACA
(which mirrors article V of the New York Convention 1958) provides two grounds
for setting aside the award:

·        
if a party making the application furnishes proof that – (i)
that a party to the arbitration agreement was under some incapacitation; (ii)
that the arbitration agreement is not valid under the law that the parties have
indicated should be applicable; (iii) that he or she was not given proper
notice of the appointment of an arbitrator, or of the arbitral proceedings, or
was otherwise not able to present his case; (iv) that the award deals with a
dispute not contemplate by, or falling within the terms of the submission to
arbitration; (v) that the award contains decisions on matters that are beyond
the scope of the arbitration; (vi) that the composition of the arbitral
tribunal or the arbitral procedure was not in accordance with the agreement of
the parties; (vii) where there was no agreement within the parties under
paragraph vi, that the composition of the arbitral tribunal or the arbitral
procedure was not in accordance with this Act [the ACA]; or

·        
if the court finds that – (i) that the subject matter of the
dispute is not capable of settlement by arbitration under the laws of Nigeria;
or (ii) that the award is against the public policy of Nigeria.

·        
What is the applicable procedural law for recognition and
enforcement of an arbitral award in your jurisdiction? Is your jurisdiction
party to treaties facilitating recognition and enforcement of arbitral awards?

Section 51 of the ACA
provides that an arbitral award shall, irrespective of
the country in which it
is made, be recognised as binding and shall, upon the award creditor
s
application, be enforced by the court.

Nigeria is a signatory to the New York Convention (NYC), and has
domesticated the Convention by incorporating it as the Second Schedule to the
ACA. Thus, a foreign arbitral award may be enforced in Nigeria under the ACA
or, directly pursuant to the New York Convention (Tulip Nigeria Ltd v Noleggioe
Transport Maritime [2011] 4 NWLR (Pt 1237) 254).

Nigeria ratified the International Centre for Settlement of
Investment Disputes (ICSID) Convention in 1965, and domesticated it through the
International Centre for Settlement of Investment Disputes (Enforcement of
Awards) Act 1967.

A foreign arbitral award may also be enforced pursuant to the
Reciprocal Enforcement of Judgments Act 1922, which was promulgated to ensure
ease of registration and enforcement of court judgments obtained in the United
Kingdom and certain Commonwealth countries and includes the enforcement of
arbitral awards in the definition of judgments, as long as they have become
enforceable as judgments of a court in the country in which the award was
handed down.

·        
Is the state a party to the 1958 New York Convention? If yes,
what is the date of entry into force of the Convention? Was there any
reservation made under article I(3) of the Convention?

Nigeria is a party to the New York Convention. It acceded to the
Convention on 17 March 1970, which formally came into force in the territory of
Nigeria on 15 June 1970.

Nigeria made a reservation under article 1(3) of the Convention
to the effect that she would apply the Convention only on the basis of:
reciprocity to the recognition and enforcement of awards made only in the
territory of another contracting state party to the Convention, and to
differences arising out of legal relationships, whether contractual or not,
which are considered as commercial under the laws of the Federal Republic of
Nigeria.

Note, however, that in so far as recognition and enforcement of
arbitral awards in Nigeria is concerned, the reservation made relating to
reciprocity appears to have been waived by the provisions of section 51 of the
ACA (discussed in question 4).

Recognition proceedings

6         Which court
has jurisdiction over an application for recognition and enforcement of
arbitral awards?

Both the Federal High Court and the various state high courts
have jurisdiction to entertain an application to enforce an arbitral award, be
it domestic or foreign. Magbagbeola v Sanni [2002] 4 NWLR (Pt 756) 193. That
said, the Court of Appeal ruled in Kabo Air Limited v The O’Corporation Limited
[2014] LPELR 23616 CA, albeit in the context of the enforcement of a judgment
of the High Court of Gambia, that it is the particular court that would have
had original subject-matter jurisdiction over the underlying dispute that would
have capacity to entertain an application to enforce a foreign judgment arising
therefrom. Accordingly, it may be prudent to file an application for enforcement
of an arbitral award in the particular court; Federal High Court or state high
court, which would have had jurisdiction to entertain the subject matter of the
dispute that was resolved in the arbitration.

However, in respect of an ICSID award, the Supreme Court of Nigeria is the only
court with jurisdiction to entertain enforcement proceedings.

·        
What are the requirements for the court to have jurisdiction
over an application for recognition and enforcement of arbitral awards? Must
the applicant identify assets within the jurisdiction of the court that will be
the subject of enforcement for the purpose of recognition proceedings?

For the court to have jurisdiction over an application for
recognition and enforcement of an award it must have jurisdiction over the
award debtor, either by virtue of the award debtor being present in Nigeria and
being served with process or by virtue of the award debtor being amenable to
service of process outside the jursidiction under the applicable rules of court
for this purpose. To exercise jurisdiction, the court must be satisfied that
the recognition and enforcement processes have been properly served on the
award debtor.

There is no requirement that an applicant must identify assets
within the jurisdiction of the Nigerian court that will be the subject of
enforcement for the purpose of recognition proceedings. This matter would only
come up after the enforcement order has been granted and the applicant wishes
to levy execution. At this stage, specific information on the defendant’s
assets will be required to enable the issue of execution processes.

8         Are the
recognition proceedings in your jurisdiction adversarial or ex parte?

Recognition proceedings in respect of an arbitral award are
usually adversarial as most of
the
applicable rules of
court
provide that recognition proceedings shall be
on
notice
. Although Order 52, Rule 16(1) of the Federal High Court (Civil Procedure) Rules 2009 provide
that the proceedings may be commenced ex parte, the court will invariably order
the respondent to be put on notice since any resultant order would affect the
respondent’s assets.

9         What
documentation is required to obtain the recognition of an arbitral award?

The following documentation is required to be attached to the
enforcement application under the ACA 1988:

·        
the duly authenticated original award or a duly certified copy
thereof;

·        
the original arbitration agreement or a duly certified copy
thereof; and

·        
if an award or arbitration agreement is not made in the English
language, a duly certified translation thereof into the English language.

In addition to the above statutory requirements, the courts have
also required:

·        
the name and last known place of business of the person against
whom the award is intended to be enforced; and

·        
a statement that the award has not been complied with, or
complied with only in part.

See: Imani & Sons Ltd v Bil Construction Co Ltd [1999] 12
NWLR [Pt. 630] 253.

·        
If the required documentation is drafted in another language
than the official language of your jurisdiction, is it necessary to submit a
translation together with an application to obtain recognition of an arbitral
award? If yes, in what form must the translation be?

Yes, it is necessary to submit a translation as required under
section 51(2)(c) of
the
ACA. The translation shall be certified by a court-approved translator or by a
diplomatic agent. A full translation is necessary.

11       What are the other
practical requirements relating to recognition and enforcement of arbitral
awards?

A party seeking leave to enforce an award will have to pay the
applicable filing fee. The fees will be assessed by the appropriate court
registry on a scale that is reviewed from time to time. At present, the Federal
High Court charges on the average, a sum equivalent to US$150 as filing fees
for an application for the recognition and enforcement of a foreign arbitral
award. The various state high courts charge a sum equivalent to less than US$100
as filing fees.

If the court recognises an award and grants leave to enforce,
the mode of enforcement will determine the fees that are payable. For instance,
if the award creditor chooses the route of filing garnishee proceedings to
attach the monies in the bank accounts of the award debtor, the filing fee
payable for a garnishee proceeding is about 3,000 naira. However, if there are
no available funds, the award creditor would have to apply for a writ of fieri
facias to execute the award against the movable assets of the award debtor.
This route is quite expensive as the court sheriff may have to enlist the
assistance of
recovery
specialists and other external agents to secure these assets. The costs of this
exercise will lie between 150,000 and 200,000 naira.

12       Do courts recognise and
enforce partial or interim awards?

Yes, the courts will recognise and enforce partial or interim
awards in so far as it is a final determination of the substantive issues and
questions in a reference, as distinct from procedural orders and directions.
Indeed, a partial award was enforced in Celtel Nigeria BV v Econet Wireless Ltd
& Ors [2014] 2 CLRN 63.

·        
What are the grounds on which an award may be refused
recognition? Are the grounds applied by the courts different from the ones
provided under article V of the Convention?

Section 52 (2) of the ACA 1988 list the grounds for refusal of
enforcement. These grounds are essentially drawn from article V of the NYC and
can be broadly split into two.

First, if the
party against whom an award is sought to be enforced furnishes proof of the
presence of vitiating elements, such as: that the arbitration agreement was
invalid by reason of the incapacity of one of the parties thereto, or that it
was not valid under the governing law of
the jurisdiction of either the contract or the seat of arbitration; or that the
award deals with a dispute that does not fall within the terms of
the submission to
arbitration; or that the composition of
the arbitral tribunal, or the arbitral procedure, was not in
accordance with the agreement of
the parties; or that the award has been set aside by a court at
the seat of

arbitration.

Second, if the
court finds that the subject matter of
the dispute is not arbitrable under Nigerian law, or that
enforcement of
the
award would be against public policy.

Apart from the statutory grounds, the courts have ruled that an
arbitral award (domestic or foreign) will not be recognised or enforced if
it is statute barred.
The enforcement application must be filed within the six years after the cause
of
action
arose (City Engineering Nigeria Limited v Federal Housing Authority [1997] 9
NWLR (Pt 520) 244).

·        
What is the effect of a decision recognising the award in your
jurisdiction? Is it immediately enforceable? What challenges are available
against a decision recognising an arbitral award in your jurisdiction?

Once the proceedings for recognition and enforcement of an award
are properly initiated, and the award is recognised; it is immediately
enforceable as if it were a judgment of the court in Nigeria. Shell Trustees
(Nig.) Ltd v Imani & Sons (Nig.) Ltd [2000] 6 NWLR (Pt 662) 639.

The award debtor is entitled to challenge the recognition
decision on its merits before the appellate courts.

·        
What challenges are available against a decision refusing to
recognise an arbitral award in your jurisdiction?

Any final decision of the state high court or Federal High Court
refusing recognition can be challenged by an appeal to the Court of Appeal, and
subsequently to the Supreme Court if necessary.

·        
Will the courts adjourn the recognition or enforcement
proceedings pending the outcome of annulment proceedings at the seat of the
arbitration? What trends, if any, are suggested by recent decisions? What are
the factors considered by courts to adjourn recognition or enforcement?

Considering that one of the grounds for refusal of enforcement
of an award is that the award has been set aside or suspended by a court in
which, or under the law of which, the award was made, it is highly likely that
the courts will adjourn recognition or enforcement proceedings pending the
outcome of annulment proceedings at the seat of the arbitration.

There are no reported cases we are aware of in which this issue
has arisen in Nigeria.

·        
If the courts adjourn the recognition or enforcement proceedings
pending the annulment proceedings, will the defendant to the recognition or
enforcement proceedings be ordered to post security? What are the factors
considered by courts to order security? Based on recent case law, what are the
form and amount of the security to be posted by the party resisting
enforcement?

Section 52 (3) of the ACA 1988 provides that if an application
for setting aside of the award has been made at the seat, the court before
which the recognition or enforcement is sought may, if it considers it proper,
postpone its decision and may on the application of the party claiming
recognition or enforcement of the award, order the other party to provide
appropriate security.

We are not aware of any case law in Nigeria in which this
specific issue has been determined. However, drawing on the analogous situation
in maritime practice where a defendant may be ordered to provide security for
the release of an arrested vessel, it has been held that the factors which
would be considered by the court in ordering security for costs include: (i)
whether the plaintiff’s claim is bona fide and not a sham; (ii) if there is an
admission by the defendant on the pleadings or elsewhere which shows that the
defence (or the annulment application as the case may be) is weak; (iii) if it
appears by credible evidence that there is reason to believe that the defendant
will be unable to pay the costs of the action if the defence (or annulment
application) is unsuccessful; (iv) if the residence of the defendant is
incorrectly stated in its papers, unless the misstatement is innocent and made
without any intention to deceive; (v) if a defendant is only temporarily
resident in the jurisdiction and has no known assets therein which can be
attached; (vi) whether the application for security for costs is being used
oppressively so as to stifle an otherwise genuine claim. Oduba v Houtmangracht
[1997] 6 NWLR (Pt 508) 185.

·        
Is it possible to obtain the recognition and enforcement of an
award that has been fully or partly set aside at the seat of the arbitration?
In case the award is set aside after the decision recognising the award has
been issued, what challenges are available against this decision?

Although there is no reported case law on this issue; given the
provisions of section 52(2) of the ACA 1988 (listed above), it is safe to say
that the Nigerian courts will not ordinarily entertain an application to
recognise and enforce an award that has been set aside at the seat.

In a situation where the fact that the award has been set aside
at the seat of the arbitration was not brought to the court’s attention during
the recognition proceedings; the award debtor can, before the award was
enforced, apply to the enforcing court to set aside the decision on grounds
premised upon the annulment of the award. However, once the award has been
enforced and satisfied, it will not be possible to reverse the enforcement on
this basis.

Service

·        
What is the applicable procedure for service of extrajudicial
and judicial documents to a defendant in your jurisdiction?

The different State High Courts and the Federal High Court have
different rules for service. Thus, the procedure for service of extrajudicial
and judicial documents to a defendant in Nigeria will depend on the applicable
State High Court Rules or the Federal High Court Rules. In most instances, the
rules require judicial processes to be personally served on the award debtor
(if a natural person), or to be served at the award debtor’s registered office
or advertised place of business (if a juridical entity) within the
jurisdiction. It is important to note however that where the documents to be
served are issued by a court or tribunal outside Nigeria, it is the procedure
prescribed by the Federal High Court Rules that will apply.

·        
What is the applicable procedure for service of extrajudicial
and judicial documents to a defendant out of your jurisdiction?

The various rules of court require the applicant to file a
without-notice application to obtain leave of the court to serve extrajudicial
and judicial documents on a defendant who is out of jurisdiction. The grounds
upon which such leave will be granted are stated in the various rules of court
and generally require that the applicant establish a nexus between the
defendant and/or the cause of action and the forum. Once leave is granted, the
court will require satisfactory proof of service (ie, an acknowledgement slip
duly signed or stamped, or other reliable document that evidences service).

Identification of assets

·        
Are there any databases or publicly available registers allowing
the identification of an award debtor’s assets within your jurisdiction?

There are no publicly available registers allowing the
identification of an award debtor’s assets in Nigeria in a situation where no
information exists as to the identity of these assets. There are publicly
available registers by which the status of known assets may be confirmed or
verified. For example, information about land ownership can be found at the
land registry in each state.

·        
Are there any proceedings allowing for the disclosure of
information about an award debtor within your jurisdiction?

Order IX (Judgment Summons) of the Judgment Enforcement Rules
made pursuant to section 94 of the Sheriffs and Civil Processes Act (SCPA) 1945
empowers a court, upon a judgment (or award) creditor’s application, to issue a
summons to compel a judgment (or award) debtor to disclose his or her assets
within the jurisdiction.

Section 9 of Order IX
provides that upon the issue of a judgment summons, the judgment debtor may
file in duplicate a full statement and account of all property of whatever
nature belonging to him, whether in expectancy or possession, and whether held
exclusively by him or jointly with others, or by others in trust for him,
excepting the necessary wearing apparel of himself and his family and the
necessary implements of his trade, if any, to the value of ten naira, and of
the places respectively where such property is to be found.

If at the hearing of the summons the judgment debtor shall
satisfy the court that he or she has made a full surrender and discharge of his
property, failing which he or she may be committed to prison.

Enforcement proceedings

·        
Are interim measures against assets available in your
jurisdiction? May award creditors apply such interim measures against assets
owned by a sovereign state?

Interim measures are available in Nigeria. An applicant can
invoke the powers of the courts to grant injunctive orders in all cases in
which it appears to the court to be just or convenient so to do. These powers
can be exercised to grant injunctive orders to preserve assets both before and
during enforcement proceedings. Any such interim measure may be made either
unconditionally or upon such terms and conditions as the court may consider
appropriate.

In practice, the applicant may be required to demonstrate that
there is a real risk of dissipation of these assets before the enforcement
proceedings are initiated and completed.

The above relief would not be exercised against assets owned by
a sovereign state. Nigerian law upholds the doctrine of sovereign immunity,
which protects the assets of a foreign sovereign from execution.

·        
What is the procedure to apply interim measures against assets
in your jurisdiction? Is it a requirement to obtain prior court authorisation
before applying interim measures? If yes, are such proceedings ex parte?

An application for interim measures will be commenced ex parte
on grounds that the assets may be irretrievably dissipated if the award debtor
is given notice of the application. Any interim order made by the court will be
served on the award debtor alongside a substantive application for
interlocutory relief. The interim order will abate after a fixed period (seven
or 14 days in most instances). The court may grant an extension for a further
period. Within this period, it is expected that the substantive application
will be argued and, if successful, an interlocutory injunctive order
restraining dealing with the asset will be issued by the court to preserve the
asset until the final determination of the enforcement proceedings.

·        
What is the procedure for interim measures against immovable
property within your jurisdiction?

The procedure for obtaining interim measures against immoveable
property is same as the procedure in question 24.

·        
What is the procedure for interim measures against movable
property within your jurisdiction?

The procedure for obtaining interim measures against movable
property is same as the procedure outlined in question 24.

27       What is the procedure for
interim measures against intangible property within your jurisdiction?

On the assumption that intangible property as referred to here
relates to property such as shares in a company, etc; the procedure for
obtaining interim measures against such property will be fact specific and
depend on the type of intangible property involved. This procedure will be a
modified version of the procedure outlined in question 24.

·        
What is the procedure to attach assets in your jurisdiction? Is
it a requirement to obtain prior court authorisation before attaching assets?
If yes, are such proceedings ex parte?

Any party who has been granted leave to enforce an award by the
court will be able to enforce it as though it were a court judgment. If there
is no stay of execution or of proceedings because of a pending appeal or
challenge to the award, the award creditor will apply to attach assets
belonging to the award debtor. An application will need to be made by the
judgment creditor to the court for the issuance of a writ of attachment, which
will need to be signed by the judge.

Note that there are some statutory limitations in place against
attachment or execution against certain state property. For example, section 84
of the Sheriffs and Civil Processes Act (SCPA) 1945, the consent of the
Attorney General of either the Federation or individual state must be obtained
before attaching public funds. This can be a difficult process as the consent
of the Attorney General to attach state funds is notoriously difficult to
obtain. That said, a writ of mandamus to compel the Attorney General’s consent
may be obtained from the courts if such consent is unreasonably refused (Onjewu
v Kogi State Ministry of Commerce and Industry & Ors [2003] 10 NWLR (Pt.
827) 40).

29       What is the procedure for
enforcement measures against immovable property within your jurisdiction?

An award creditor can apply to the court for a writ of execution
against the immovable property of the award debtor if no moveable property of
the judgment debtor can, with reasonable diligence, be found, or if the movable
property is insufficient to satisfy the award and the costs of execution
(section 44 of the SCPA).

30       What is the procedure for
enforcement measures against movable property within your jurisdiction?

The SCPA details various methods of execution of a judgment
debt. First, a writ of fieri facias (fifa) can issue against movable property.
The writ empowers the Sheriff to seize and sell an adequate quantity of goods
belonging to the award debtor until the judgment debt is satisfied.

Second, garnishee proceedings may be commenced to order a third
party who is indebted to, or in custody of funds belonging to the award debtor
to pay directly to the judgment creditor the debt due or so much of the debt as
may be sufficient to satisfy the award and the costs of the enforcement
proceedings.

Third, a judgment summons can be issued to cause the award
debtor to attend court and be examined on oath concerning his ability to pay
the debt. If the court is satisfied that the debtor can pay but chooses not to,
he or she may be committed to prison. If, however, it is proven that the debtor
has genuine difficulty in paying, the court can make orders such as payment of
the debt in instalments.

31       What is the procedure for
enforcement measures against intangible property within your jurisdiction?

On the assumption that intangible property as referred to here
relates to property such as shares in a company, that property can be attached
by a court order in satisfaction of the award debt. The court’s order to divest
ownership of such shares from the award debtor for the purpose of satisfying
the debt would be served on the company secretary and the company’s registrars
to ensure compliance. Indeed, section 151(2) of the Nigerian Companies and
Allied Matters Act, Chapter C20, Laws of
the Federation of Nigeria 2004, provides that company shares can be transferred
by an instrument of share transfer, or by operation of law.

Enforcement against
foreign states

·        
Are there any rules in your jurisdiction that specifically
govern recognition and enforcement of arbitral awards against foreign states?

There are no specific rules.

33       What is the applicable
procedure for service of extrajudicial and judicial documents to a foreign
state?

Diplomatic channels are used for the service of legal documents
on a foreign state. Such documents are transmitted through the Nigerian
Ministry of Justice and the Nigerian Ministry of Foreign Affairs to the
government of the foreign state (Order 7, Rule 18 of the Federal High Court
Rules 2009).

·        
Are assets belonging to a foreign state immune from enforcement
in your jurisdiction? If yes, are there exceptions to such immunity?

The Diplomatic Immunities and Privileges Act (DIPA) 1962
protects the official residence and offices of the envoy of a foreign state
from attachment or seizure by judicial process in Nigeria.

Aside from the limited diplomatic immunity contained in the
DIPA, the common law doctrine of sovereign immunity will avail, in the absence
of an express waiver, to protect the assets of foreign sovereigns from
execution in Nigeria.

·        
Is it possible for a foreign state to waive immunity from
enforcement in your jurisdiction? If yes, what are the requirements of such
waiver?

Section 2 of the DIPA allows a foreign state entitled to
immunity to waive such immunity in the same way that a person who is entitled
to the benefit of a statutory provision can decide to waive it and allow the
transaction to proceed as though the provision did not exist.

Having said that, while it is settled that jurisdictional
sovereign immunity can be waived, as was done in the cases of
 
African Reinsurance Corporation v Fantaye [1986] 3 NWLR (Pt 32) 811, African
Reinsurance Corporation v AIM Consult Ltd [2004] 11 NWLR (Pt 884) 223 and
Oluwalogbon v Government of
UK
[2005] 14 NWLR (Pt 946) 760, it is doubtful that these authorities support, or
are applicable to the issue of,
waiver
of

sovereign immunity against the attachment of
sovereign assets, if the initial jurisdictional hurdle is cleared.


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