UZO I. NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of Yobe State High Court delivered on 12th July 2010 in Motion No. YBS/DT/HC/82m/2009 seeking, inter alia the appointment of an Arbitrator for the Respondents.
The statement of material facts as captured by the Appellant is as follows:
1. On the 6th of June, 2006, the Appellant and the Respondents hereon entered into a contract Price Variation Agreement, in respect of the construction of a Cultural Centre and City Hall for Yobe State, at Damaturu. The contract, Exhibit 1 to the Appellant's motion, is contained in pages 9 to 13 of the record.
By clause 15 of Exhibit 1 (please see page 13 of the record) the parties agreed to submit any dispute arising from their contract "which fails amicable settlement, to arbitrators in accordance with the Arbitration and Conciliation Act" now cap A18 Laws of the Federation of Nigeria, 2004.
2. Following a disagreement/dispute between the parties, the …