By a motion on notice filed in the High Court of Kano State, the Applicant (now Respondent before us) prayed the court “to appoint a sole Arbitrator to decide the dispute between Kasoap and Kofa Trading Company (Nig.) Limited in respect of a contract dated 15th October 1984….” The motion which was supported by an affidavit sworn to by Alhaji Aminu Ibrahim Kofa, the Managing Director/Chairman of Kofa Trading Company Limited and to which was annexed a number of documentary exhibits, was brought under Section 6(1)(a) of the Arbitration Law. Cap. 7 Laws of Kano State and the Arbitration Act, Cap. 13 Laws of the Federation of Nigeria and Lagos, 1958. The Respondent to the motion (who is now Appellant before us) raised a preliminary objection to the motion on the ground that an action could not be commenced by way of motion but by writ of summons.

The objection was overruled by the learned trial Judge, Saka Yusuf J. The motion which was vigorously opposed by the Respondent, was subsequently argued. The learned trial Judge in a reserved ruling found for the applicant, holding –

“In the light of foregoing therefore I am satisfied from the facts before the court that the applicant had served notice on the respondent for the appointment of an arbitrator. I am also satisfied that it is more than seven clear days that this notice was served without any positive response from the respondent. In view of the inability of the applicant and the respondent to agree I am duty bound to appoint an arbitrator for them.

By the powers therefore conferred on me by Section 6(1)(a) and (2) of the Arbitration Law of Laws of Northern Nigeria 1963 adopted and applied in Kano State read in pari pasu with the Arbitration Act Cap. 13 of Laws of Federal Republic of Nigeria 1958, (sic) 1 Saka Yusuf, a High Court Judge of Kano State appoint Messrs. Adegboyega Adegbulugbe & Co. Chartered Accountants 57, Airport Road, P.O. Box 5717 Bompai Kano. (Tel: 622869) as an arbitrator to hear and determine the dispute now pending between Kofa Trading Company Nig. Ltd. and Kano State Oil and Allied Products Ltd.

That the Higher Registrar of this court should convey this order of appointment to Messrs. Adegboyega Adegbulugbe & Co., with a view to obtain his consent to act as the arbitrator.

That if Messrs. Adegboyega Adegbulugbe consents, this should be communicated to both Kofa Trading Company Nig. Ltd. and Kano State Oil and Allied Products Ltd., the two parties to arrange meeting with the arbitrator with a view of drawing up terms of reference agreeable, to the two parties.

That the arbitration expenses which are likely to be incurred should be borne by the two parties in the rate of 50 & 50.”

Being dissatisfied with the decision the respondent appealed unsuccessfully to the Court of Appeal. They further appealed to the Supreme Court.