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UNITS ENVIRONMENTAL SCIENCES LIMITED v. REVENUE MOBILIZATION, ALLOCATION AND FISCAL COMMISSION

(ARIWOOLA; OKORO; AUGIE; ABOKI; AGIM: JJ.SC)

Units Environmental Sciences Limited (the Appellant) and the Revenue Mobilization, Allocation and Fiscal Commission (the Respondent) entered into a consultancy agreement in 2001 for the provision of consultancy services in respect of the Respondent’s staff housing development project at Mabushi, Abuja. Under the agreement, professional fees for pre-contract services were to be paid immediately upon completion of such services, while fees for post-contract services were to be paid periodically as the work progressed. The agreement also contained an arbitration clause.

A dispute subsequently arose between the parties when the Appellant claimed entitlement to the sum of ₦65,790,663.84 as outstanding professional fees and accrued interest. Pursuant to the arbitration clause, the dispute was referred to arbitration. At the conclusion of the arbitral proceedings, the sole arbitrator awarded the Appellant the sum of ₦47,179,820.15 as outstanding fees, ₦33,934,139.53 as interest up to the date of the award together with post-award interest at the rate of ₦982,912.92 per month (or ₦32,312.95 per day) until liquidation of the award, and ₦8,176,973.02 as costs.