Section 52: Grounds of refusing recognition of enforcement.

(1) Any of the parties to an arbitration agreement may, request the Court to refuse recognition or enforcement of the award.
(2) The Court where recognition or enforcement of an award is sought or where application for refusal of recognition or enforcement thereof is brought may, irrespective of the country in which award is made, refuse to recognise or enforce an award-
(a) if the party against whom it is invoked furnishes the Court proof-
(i) that a party to the arbitration agreement was under some incapacity; or
(ii) that the arbitration agreement is not valid under the law which the parties have indicated should be applied, or failing such indication, that the arbitration agreement is not valid under the law of the country where the award was made; or
(iii) that he was not given proper notice of the appointment of an arbitrator or of the proceedings or was otherwise not able to present his case; or
(iv) that the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration; or
(v) that the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that if the decisions on matters submitted to arbitration can be separated from those not submitted, only that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or
(vi) that the composition of the arbitral tribunal,or the arbitral procedure, was not in accordance with the agreement of the parties; or
(vii) where there is no agreement between the parties under sub-paragraph (vi) of this paragraph, that the composition of the arbitral tribunal,or the arbitral procedure, was not in accordance with the law of the country where the arbitration took place; or
(viii) that the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, the award was made; or
(b) if the court finds-
(i) that the subject-matter of the dispute is not capable of settlement by arbitration under the laws of Nigeria; or
(ii) that the recognition or enforcement of the award is against public policy of Nigeria.
(3) Where an application for the recognition or enforcement of an award has been made to a court referred to in subsection (2)(a)(viii) of this section, the Court before which the recognition or enforcement is sought may, if it considers it proper, postpone its decision and may on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.