The Court of Appeal, Lagos Division, has dismissed an appeal filed by businessman Mr. Whoba Ogo, Woobs Resources Limited, and Ms. Ukachi Whoba, challenging the enforcement of an arbitral award granted in favour of Mr. James Onyemenam over a disputed Joint Venture Agreement (JVA).

In a unanimous decision, the appellate court held that the appeal lacked merit and upheld the decision of the Federal High Court, which had earlier recognised and enforced the arbitral award. Justice Abdulazeez Muhammed Anka delivered the lead judgment, with Justices Danlami Zama Senchi (Presiding) and Polycarp Terna Kwahar concurring.

The judgment marks the conclusion of a protracted legal battle arising from a JVA dated July 11, 2006. Onyemenam had approached the Federal High Court in 2011 (Suit No. FHC/L/CS/1232/2011) seeking to enforce his rights under the agreement. However, the matter was referred to arbitration pursuant to a clause in the JVA.

Before the arbitral tribunal, Onyemenam challenged his removal as Director and Chief Executive Officer of Woobs Resources Limited without due process under the JVA, and also contested the removal of Sterling Chambers as Company Secretary. He sought injunctions restraining the appellants from interfering with his rights, access to company premises, and bank mandates.

The Tribunal ruled in his favour, declaring that the JVA was valid and subsisting, his removal was unlawful, and that he remained a bona fide director and shareholder. It also ordered the reinstatement of Sterling Chambers and dismissed counterclaims brought by the appellants.

The appellants, dissatisfied with the outcome, applied to the Federal High Court to set aside the arbitral award, alleging misconduct by the arbitrators, legal errors, and exclusion of Ms. Ukachi Whoba from the arbitration proceedings. They contended that the award exceeded the scope of the claims, violated public policy, and was founded on fraudulent misrepresentation—claiming Onyemenam falsely presented himself as an architect.

Justice Ayokunle Faji of the Federal High Court dismissed the objections and enforced the award on April 27, 2020. The appellants then took the matter to the Court of Appeal.

In his judgment, Justice Anka held that the arbitral tribunal acted within its jurisdiction and that the award complied with the provisions of the Arbitration and Conciliation Act, 2004. He ruled that Ms. Whoba’s exclusion did not invalidate the award, as she was not a signatory to the JVA, and there was no misconduct by the arbitrators.

“I have carefully perused the arbitral award, the cases presented before the Tribunal, and the judgment of the lower court, and I have no hesitation in holding that the lower court was on firm ground in enforcing the award,” Justice Anka said.

He further emphasised the sanctity of arbitration as a valid alternative dispute resolution mechanism, stating: “All the points of attack presented by the appellants must necessarily fall flat, as none falls within the ambit of factors that can justify the nullification of an otherwise valid arbitral award. In the end, this appeal is devoid of merit and is hereby dismissed. No order as to costs.”

Justice Polycarp Terna Kwahar concurred with the judgment, reinforcing the legal principle that arbitral awards, once validly issued, carry the binding force of a court judgment.

The ruling reaffirms the Nigerian judiciary’s commitment to upholding the finality of arbitration, limiting the grounds upon which courts may interfere with arbitral decisions.

Meanwhile, Mr. Onyemenam is also the nominal complainant in an ongoing criminal matter Charge No: FHC/L/138C/2025 filed by the Federal Government against Victor Ukutt and Whoba Ogo (allegedly at large). The defendants are facing multiple charges, including conspiracy, obtaining by false pretences, conversion, forgery, fraud, and money laundering.

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The government alleges that the defendants conspired between 2011 and 2023 to fraudulently divert approximately ₦32 billion from the account of Woobs Resources Limited, in violation of the Money Laundering (Prohibition) Act, 2011 (as amended).

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