THE APPLICABILITY OF ARBITRATION IN ABUJA ENVIRONMENTAL PROTECTION BOARD V MAHAJ NIGERIA LIMITED VIZ-A-VIZ THE ‘DOCTRINE OF VOLENTI NON-FIT INJURIA’ IN ARBITRATION MATTERS

Abstract

Recently, the Court of Appeal in the case of Abuja Environmental Protection Board v Mahaj Nigeria Limited CA/ABJ/CV/200/2020 applied the doctrine of volenti non fit injuria which has its origin in tort law to arbitration. It is clear that this doctrine did not emanate from arbitration. This case was juxtaposed with the award in the case of Process and Industrial Developments Ltd v The Ministry of Petroleum Resources of The Federal Republic of Nigeria. The paper is an attempt to examine the scope of the applicability of the doctrine of volenti non fit injuria when tested in arbitration matters. The paper adopts the doctrinal methodology by reviewing case laws on the subject, opinion of authors and statutory provisions. The paper examined the meaning, nature and types of arbitration in order to discover whether any aspect of arbitration excluded the doctrine of volenti non fit injuria. The paper went further to dichotomise the peculiarities of arbitration when juxtaposed with litigation. The paper also examined the case of Abuja Environmental Protection Board v Mahaj Nigeria Limited especially as it relates to the argument of counsel in the case and the opinion of the coram with respect to the applicability of the doctrine under focus. The paper recommends a way of deepening the jurisprudence of arbitration vis-à-vis other legal doctrines without prejudice to the essence and intent of arbitration.