Still on the issue of the participation by foreign counsel in Nigerian arbitrations

Two years ago, in July 2014 to be precise, I published an article titled "The Representation of Parties to Arbitration Proceedings in Nigeria by Foreign Counsel" (see the article here: https://issuu.com/mofesomotayo-oyetibo/docs/dispute_resolution_in_nigeria_repre) where I discussed the issue of foreign counsel representing parties in arbitrations conducted under the Nigerian Arbitration and Conciliation Act (ACA) and whether considering the present position of Nigerian law on the meaning of a 'legal practitioner', there was any scope for foreign counsel to represent parties in such arbitrations. In that paper, my conclusion was that, generally, the law as it stands now precludes parties to arbitrations under the from being represented by foreign counsel. In a recent development on this issue, the Court of Appeal decided in the case of Shell Nigeria Exploration and Production Company Limited v Federal Inland Revenue Service (CA/A/208/2012, Unreported decision of 31st August, 2016) that an arbitral tribunal lacked jurisdiction to entertain an arbitration that had been commenced by a foreign law firm and consequently struck out the arbitration proceedings for being invalid. The decision of the Court of Appeal in this case is undoubtedly a manifestation of the concerns raised two years ago.