An arbitration clause in a commercial contract cannot hinder investigation of crime.

Danfulani v. E.F.C.C. [2016] 1 NWLR (Pt. 1493) 223 at 246 paras. C-D, per Adefope-Okojie, J.C.A.:

“I am in agreement with the 3rd Respondent that were a crime has been committed or suspected, an arbitration clause in a commercial contract may not be held to bind the aggrieved party. The lower court, I accordingly hold, stood on firm footing to have held that the 3rd Respondent had a right to make the complaint to the 1st Respondent.”

Blogger’s Note:

The above principle is understandable. Investigation of crime and subsequent prosecution of same is within the realm of criminal law and not subject to agreement of parties.


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