*CAN THE EVIDENCE ACT APPLY TO ARBITRATION OR CUSTOMARY COURT OF APPEAL. * DAILY LAW TIPS (Tip 308) By Onyekachi Umah, Esq., LLM. ACIArb(UK).

The Evidence Act regulates the use of evidence in all proceedings in courts in Nigeria. Note that the evidence Act cannot apply to proceedings under arbitration or court martial or any Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria. Although, the evidence Act can apply to a Customary Court of Appeal, Sharia Court of Appeal, Area Court, or Customary Court in any part of Nigeria, where the Constitution of Nigeria or any order published on gazette. Note also that the Evidence Act apples to Area Court over criminal cases.

My authorities are sections 256 and 259 of the Evidence Act, 2011.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 146)
“Disputes Arsing From Co-Operative Society’s Business May Be Resolved By Arbitration But The Arbitration and Conciliation Act Cannot Be Applied to Such Disputes and Proceeding”

Any dispute arsing from the businesses and transactions of a co-operative society may be resolved by arbitrators in an arbitration proceedings upon a referral from the Registrar of Co-Operative Societies. Although such disputes and their arbitration proceedings cannot be subjected to the provisions the extant Arbitration and Conciliation Act. This is to clear the fallacy that disputes arsing from the businesses and transactions of co-operative societies cannot be resolved by arbitration.

My authorities are section 44 and 69 of Co-Operative Societies Act and other similar laws in other states of the Federation.

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