The Power of a Nigerian Court to Set Aside a Foreign Arbitral Award: An X-ray of the Court of Appeal’s Decision in Limak v. Sahelian Energy

This paper examines a recent decision of the Nigerian Court of Appeal in Limak Yatirim Enerji Uretim Isletme Hizmetleri ve Insaat A. S. & ORS v. Sahelian Energy & Integrated Services Ltd (Limak v. Sahelian Energy) where the Court set aside a Final Arbitral Award published on 28 June 2018 by a Tribunal of the International Chamber of Commerce (ICC) International Court of Arbitration seated in Geneva, Switzerland.1 On the basis of the analysis contained below, the author is unable to justify the reasoning and conclusion of the Court of Appeal. Consequently, this paper aims to highlight what this writer believes is the error in the Court of Appeal’s decision and to propose a better view that accords with applicable law.