Facts:

NNPC entered into an agreement with the “Lutin Investment Limited Geneva Switzerland” – 1st respondent. In the agreement provision was made for reference to arbitration in the event of any dispute arising between the parties where the dispute could not be mutually settled. A dispute did in fact arise and reference was made to an arbitrator and Hon Justice Uche Omo (retired Justice of the Supreme Court of Nigeria) was appointed by both parties in accordance with clause 2 of the agreement.

In the course of the arbitral proceedings, the appellant NNPC objected to the proceedings contending that the party that initiated the arbitral proceedings was “Lutin Investment of British Virgin Island” a complete stranger to the agreement; whereas the agreement to arbitrate was entered between NNPC and “Lutin Investment Limited Geneva Switzerland”. Furthermore, that the decision of the arbitrator to move the arbitration to London, England for hearing evidence was wrong because the agreement provided for Nigerian Law