Facts:

The plaintiff and the defendant entered into a Consultancy Service Agreement which contains an arbitration clause to the effect that where a dispute cannot be settled mutually, such dispute should be referred to an arbitrator to be agreed between the parties or failing such agreement, to an arbitrator appointed by the President of the Nigeria Institute of Quantity Surveyors.

When a dispute arose as to the payment of the agreement fee, the plaintiff referred the matter to arbitration after both parties were unable to mutually resolve the matter. When the parties failed to agree to appoint an arbitrator, the plaintiff applied to the President of the Nigeria Institute of Quantity Surveyors who appointed an arbitrator. The defendant objected to the appointment and the arbitrator resigned. Subsequently, a substitute arbitrator was appointed. The defendant objected to this appointment as well. However, the substitute arbitrator refused to resign and commenced arbitral proceedings. The defendant refused to submit to arbitration. The arbitrator notified the defendant of his intention to proceed if it refused to appear or send a representative. The defendant failed to do so and the arbitration proceeded and the arbitrator sent updates on the proceedings to the defendant.

In November 1999, the arbitrator made the award. Subsequently, the plaintiff brought an Originating Summons in February 2001 seeking the determination of the following question:

“whether the defendant can disobey the decision of the Arbitration Award made by the Arbitrator on November 1999 in accordance with the Arbitration and