X-raying the Constitutionality of Arbitral Award in Nigeria

Abstract

The urge to sustain and promote the arbitral system has informed the series of multi-door court house system established in places like Abuja and Lagos State and also the passing into laws (arbitration law) by some states to compliment the Arbitration and Conciliation Act 1988 to cater for arbitral processes in such states. However there is this discrepancy and argument that the outcome of arbitration i.e arbitral award is inferior to the judgment of a regular court. This discrepancy is often based on the argument that the judge who makes judgment derives his power from the Constitution. In order to clear the doubt as to the Constitutionality of arbitral award, this paper examines some of the supporting theories of arbitration and the source of the powers of the makers of Arbitration and Conciliation Act 1988.