ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 57

NIGERIA:
INJUNCTIONS
PENDING ARBITRATION:
A LEGAL MYTH?

A

court grants an order of
injunction at its discretion
as an equitable relief either
to protect the rights of the
applicant or preserve the
subject matter of a dispute pending the
determination of a case (Anthony v.
Surveyor-General, Ogun State (2007)
ALL FWLR (Pt. 354) 375 at 390.
Although the Courts also have the
powers to grant mandatory injunctions,
57 I EsQ legal practice

our focus here is to consider the powers
of the court to grant preservative orders
pending the hearing and determination
of an arbitration proceeding.
A comparison between the provisions of
the English Arbitration Act, 1996 (the
"English Arbitration Act") vis-à-vis the
provisions of the Arbitration and
Conciliation Act, Cap A.18, Laws of the
Federation of the Federal Republic of
Nigeria, 2004 ("the Arbitration and

Faruq Abbas
Associate Counsel, Strachan Partners

Conciliation Act") together with a
review of Nigerian judicial authorities
aids in establishing whether or not
Nigerian Courts have and exercise the
powers to grant injunctive reliefs
pending arbitration.
Powers of the English Court to grant
an Order of Injunction Pending
Arbitration
Section 44 (3) of the English

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