KANYIP, AGOMO, OTHERS TACKLE JUDICIAL PRECEDENT AT NIKI TOBI PARLEY

The President of the National Industrial Court of Nigeria, Justice Benedict Kanyip will on Thursday, December 2, 2021 give the keynote address on “Judicial precedent in Nigeria” at the second session of “The Hon. Justice Niki Tobi 1st Biennial Symposium.” The event holds from 1:30 pm at the Andrew Otutu Obaseki Auditorium, National Judicial Institute, Abuja.

The Moderator/Lead Discussant for the session is the former Dean, Faculty of Law, University of Lagos, Emeritus Professor Chioma Kanu Agomo. Other discussants are the pioneer Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama SAN and Justice Olajumoke Pedro.

The first session dwells on “The Nigerian Supreme Court as a policy court: Niki Tobi’s input,” with Supreme Court jurist, Justice Amina Augie as the Lead Speaker. The discussants are retired Justice James Ogebe, formerly of the Supreme Court; Justice Adewale Habeeb Abiru of the Court of Appeal, and Prof. Festus Emiri SAN.

Sessions three and four will x-ray “Legal education and the Nigerian judicial system” as well as “The Nigerian judiciary and democracy.”

The late Justice Niki Tobi is reputed as one of the finest jurists to ascend the Supreme Court bench. The symposium is organised by the A.T. Socio-Judicial Consulting LLC with the theme, “The Nigerian Judge and Society: Hon. Justice Niki Tobi’s Impact on the Development of Law and Society.”

To participate, please click on www.atsjconsulting.com/nikitobisymposium2021

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OSINBAJO TO DELIVER KEYNOTE ADDRESS AT CLASS ’91 REUNION

The Vice President of Nigeria, Prof. Yemi Osinbajo SAN will deliver the Keynote Address at the reunion and 30th anniversary of the Nigerian Law School Class of 1991.

A press release made available to CITY LAWYER by Mrs. Joyce Oduah, General Secretary of the Nigerian Bar Association (NBA) and Chairlady of the Publicity and Mobilisation Sub-committee, noted that Osinbajo “has confirmed his attendance at the Class of 91 Reunion,” adding that the event will hold on December 10, 2021 at the Nigerian Airforce Mess, Kado District, Abuja.

Below is the full text of the statement.

PROF YEMI OSINBAJO TO DELIVER KEYNOTE ADDRESS AT NIGERIAN LAW SCHOOL CLASS OF 91 30TH ANNIVERSARY REUNION

The Vice President of the Federal Republic of Nigeria, Prof Yemi Osinbajo has confirmed his attendance at the Class of 91 Reunion. Prof Osinbajo is to deliver the Keynote Address and declare the 30th Anniversary celebration open.

The event details are as follows;

Date: 10th of December, 2021
Time: 10 am
Venue: Nigerian Airforce Mess, Kado District, Abuja

Joyce Oduah, FICMC
Chairlady Publicity and Mobilisation Subcommittee.

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‘WE SHALL MEET IN COURT,’ EFCC DARES NBA ON MAKURDI CHAIR ASSAULT

The Economic and Financial Crimes Commission (EFCC) has declared its readiness to meet the Nigerian Bar Association (NBA) in court over alleged assault on its Makurdi Branch Chairman, Mr. Justin Gbagir by EFCC operatives.

Following a Pre-Action Notice by Mr. T. D. Pepe SAN on behalf of Gbagir, the EFCC stated that there were “absolute misrepresentation of facts” in the Pre-Action Notice, adding: “We shall however for now reserve the correct and accurate articulation and presentation of the facts of what transpired till the appropriate time, that is when we meet in Court as threatened in your said Letter.”

Below is the full text of the update made available to CITY LAWYER.

UPDATE ON ASSAULT ON ME BY EFCC ON THE 8/6/2021.

I was brutally assaulted by the operatives of the EFCC in their Makurdi Office on the 8/6/2021.

I usually give updates monthly on things that transpired during the months.

This month, my update will be in the following:

1. Interface with the EFCC
2. My Health Condition
3. Legal Actions

1. INTERFACE WITH EFCC.
The interface with EFCC has not yielded any positive result. It is obvious that when the NBA President reached out to the EFCC Chairman, the later promised to carry out investigation into what happened and bring the perpetrators to book as a bargaining chip and to cook up a defence.

EFCC Letter dated 9/9/2021 with Reference No. EFCC/LEGAL/DOLD/VOL.6/027 which is a reply to a Letter written by T.D Pepe, SAN as a preaction notice in my behalf and other lawyers Who were defamed by Reference to them as thugs, EFCC has this to say:
“Please be informed that there was absolute misrepresentation of facts in your said Letter regarding what transpired between your clients and officers of the Commission on the said 8th June, 2021. We shall however for now reserve the correct and accurate articulation and presentation of the facts of what transpired till the appropriate time, that is when we meet in Court as threatened in your said Letter”.

The question is whether the said ‘accurate’ facts are different from the statement issued by the Commission on the 9/6/2021 barely 24 hours after the incidence.

2. MY HEALTH CONDITION
I attended check up at the hospital where I had surgery on the 20 and 21 October, 2021. I was given eye drops to use for 3 months and to go back for check up in April, 2022. New Eye Glasses were also recommended for me. I can see clearly with the eye except that tears occasionally formed in the eye, especially when I over stress it.

3. LEGAL ACTIONS
I have collected all the Medical Reports from the hospitals I attended and other documents necessary for filing the suits.
I hope to turn in the documents to the lawyers this week and the suits will be filed in the nearest future.

Thank you all and God bless.

Justin Gbagir, Esq.
NBA Chairman, Makurdi Branch

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PIONEER LIFE BENCHER HAILS GADZAMA AT 60, NWAGBARA WINS DEBATE

A member of the Body of Benchers, Ambassador Chief C. D. Orike has paid a courtesy visit to the pioneer Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama, SAN at his Abuja office.

Orike, who was called to the Bar of England and Wales in 1961, was at the office to felicitate with Gadzama on his 60th birthday anniversary. He is a pioneer member of the Body of Benchers. He was appointed as a Bencher in 1965 alongside 15 others, and is the only surviving pioneer member of the Body.

Orike was a member of the first parliament of 1964 alongside Nigeria’s Prime Minister, Sir Abubakar Tafawa Balewa and late Chief Solomon Lar, former Governor of Plateau State. He was Nigeria’s Ambassador to Uganda, with concurrent accreditation to the republics of Rwanda and Burundi.

Gadzama thanked Orike for the visit, restated his respect to the senior life bencher and commended him for the long service he has rendered to the legal profession. He prayed that God will continue to sustain him with good health and strength.

Meanwhile, Mr. Izuchukwu Temilade Nwagbara has won the N1 Million prize at the hotly contested Gadzama Business Law Debate. The finals of the debate held yesterday. After a fierce competition, the Judges retreated for about 30 minutes to decide the winner.

Announcing the winners, the Presiding Judge, Mr. Kehinde Ogunwumiju SAN informed the audience that Mr. Usman Ibrahim Wali was the 2nd Runner-Up after edging Mr. Adeyemi Kehinde Ayeku in the third place debate.

On the grand finale between Mr. Izuchukwu Temilade Nwagbara and Mr. Ayodeji Ayodele Ayolola, Ogunwumiju stated that both participants did incredibly well. He then declared Nwagbara as the winner while Ayolola was the runner-up.

While Nwagbara took home N1,000,000, Ayolola won N500,000 and Wali received N250,000.

In his remarks, Gadzama appreciated the efforts of all the participants and thanked them for showing wit and skill at all stages of the debate. He also stated that he was proud of the participants and that the fourth placed contestant would also be specially recognised.

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‘ENDSARS PANEL REPORT DISGRACEFUL, SELF-SERVING,’ SAYS OWONIKOKO

In this article posted on his Facebook page by leading litigator, MR. ABIODUN JELILI OWONIKOKO SAN, he argues that the ENDSARS Panel Report submitted to the Lagos State Government is fraught with irregularities, adding that none of the eleven persons listed as dead was proved to have died from the Lekki Shooting incident.

Re my Interview on Arise TV. This morning of 18th November 2021 on EndSARs Panel leaked report 

This our country must change by learning to confront inconvenient truth . Not for my sake – but for the younger generation; and my children.

Please see and read the report before you comment oo. My client Lagos State government was not indicted in it . But it was my client that set it up. It is the body by law that can accept , reject or modify it for implementation. I am under no doubt absolutely that the report did incalculable injustice to innocent people and falsely pronounced people to be dead as a result of Lekki shooting on 20th October . At least at the last count since the report was leaked on social media ahead of submission to their appointor – about 4 days ago – 7 of the listed deceased persons have been shown to be alive or to have died at different places on days other than on 20th of October – not from Lekki incident . I can affirm that none of the eleven persons listed as dead ( and 4 presumed missing by the panel ) was proved to have died at Lekki toll gate or at all . Not even medical report , cause of death , or certificate of death was tendered by the petitioners in respect of these persons . In the province of proof of essential matters on which peoples’ life and faith are dependent, speculation or fact-rigging should never be granted entry visa . I know it sounds ridiculous to expect that to be the case ; but sadly that is the case with this report . I will be more than happy to have these assertions disproved by a panel member or a counsel abreast of the proceedings – just by displaying documents tendered which answered to all this vital missing evidential material . You should curse me and pray for the wrath of God to strike me and all that I hold dear if I was ever found commending such a disgraceful and self-serving and irresponsible supposed judicial panel of inquiry report . I am using these strong words with full conviction – I only pay attention and commit to worthwhile causes that can hold out against any genuine universal challenge. This should demonstrate to you the kind of human being I am . I don’t live by public acclaim or approbation – my entire life is on the mercy and grace of almighty Allah and fear of the last days in the grave before the day of reckoning . May He give us our deserving rewards for our actions , deeds and words . I should have been asking for forgiveness on this issue , but instead I am praying Allah to reward me for my public views on it – that is the much risk of my place in the hereafter I am staking on this very traumatic episode exemplified by the report . Pls anybody who cannot repeat this prayer to be his own fate for the consequence of either attacking or supporting me on the vexed report of Endsars Judicial Panel in Lagos State should kindly hold back and watch as events unfold on the matter . Thanks 🙏

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ENDSARS PANEL: ‘I DID NOT COLLECT ANY BRIBE,’ SAYS ADEGBORUWA

A member of the Lagos State ENDSARS Panel, Mr. Ebun-Olu Adegboruwa SAN has denied allegations that members of the panel received bribe in the course of discharging their duty.
Noting that panel members are being targeted for vilification by agents for state, Adegboruwa described this as “unfair, ungodly and least expected” and urged Lagos State Governor, Mr. Babajide Sanwo-Olu to rein in the perpetrators.
Below is the full text of the post on his Facebook page.
ENDSARS PANEL MEMBERS ARE BEING UNFAIRLY PERSECUTED
Since the submission of the EndSARS Panel Report to the Governor of Lagos State on November 15, 2021, members of the Panel have become subject of vicious attacks by those suspected to be agents of the government.
All manner of allegations have been heaped upon Panel Members, some of who have been called unprintable names.
I can confirm that no Member of the Panel lobbied to be appointed into the Panel. As a matter fact in my own case, His Excellency, the Governor of Lagos State, appealed to me to accept my appointment, which I saw as a call to national service. The primary reason the Governor gave to me then was that he wanted men and women of integrity, independent and not subject to manipulation, to be on the Panel.
Just today, my attention has been drawn to an interview by a Senior Counsel to the Lagos State Government, to the effect that Panel Members collected bribe in the course of the assignment. It is unfair, ungodly and least expected of the government and its lawyers.
The Lagos State Government asked for two weeks to enable it release a White Paper on the report submitted to it by the Panel. And we have been waiting, but it would seem that the Lagos State Government has now unleashed mindless propaganda upon Panel Members whilst at the same time asking for restraint from the general public.
I have in my custody, certified true copies of ALL proceedings of the Panel and all exhibits tendered before the Panel in respect of the Lekki Toll Gate Investigation. I urge the government to call its agents and lawyers to order so as not to provoke aggravated responses.
It is unfair to seek to denigrate peoples’ hard-earned reputation on account only that they accepted to render selfless service at the behest of government. If the government and its agents are not restrained from attacking others, nothing stops us from defending our integrity.
I should not become a victim of unwarranted attack just because I accepted to serve the government and the outcome of that assignment did not favour the expectations of the government. Suffice it to mention that I worked with men and women of unblemished integrity and I’m proud to be associated with them all.
I therefore appeal to His Excellency the Governor of Lagos State to call all agents of State to order and to keep to his promise to us to release a White Paper within two weeks and to send the unedited report of the Panel, to the National Economic Council.
God bless Nigeria.
Ebun-Olu Adegboruwa, SAN
Lekki, Lagos.
18/11/2021.
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AVIATION: COMPENSATION FOR LOSS OF LUGGAGE, INJURY, DELAYED FLIGHTS

Ikeja Eagles Forum recently hosted a virtual conference on Air Law. In this Keynote Address by MR. SYLVESTER ELEMA SAN, he highlights the key issues that underpin compensation in air travel.

AIR LAW: COMPENSATIONS FOR LOSS OF LUGGAGE OR CARGO, DELAY OF LUGGAGE OR CARGO, DAMAGE TO LUGGAGE OR CARGO, DELAYED FLIGHTS, INJURY OR DEATH IN CONTRACTS OF CARRIAGE BY AIR

1. Introduction:

The subject matter of our discussion today relates to an area of law which is variously described as Civil Aviation Law, Aeronautical law, Air transport law or Air Law.

The International Civil Aviation Organisation (ICAO) describes Air Law as “a body of principles and rules of public, private, national or international law which govern the legal relationship arising from the civilian uses of Air Transport activities”.

This definition covers so many branches of this law. However, what is common to any branch of this law is that the following elements feature in all of them;
(i) Air Law is a body of rules and regulations.
(ii) It has municipal law components.
(iii) It has International Conventions, Rules, Regulations, Protocols etc.
(iv) It seeks to set conditions, guidelines and framework on which both local and international flight operations could be undertaken.

An example of one of the various branches of Air Law is the one that regulates leasing of aircrafts. Another is aviation safety.

But the one we shall be discussing here is the one that regulates compensations for loss of luggage or cargo, delay of luggage or cargo, damage to luggage or cargo, delayed flights, injury or death in the course of a flight.

Over 90% of the court cases on Aviation Law are based on these.

2. Preliminary Issues to consider before litigation:

It is important to find out if the facts of any particular case can fit into the definition of an aviation contract.

This is because, apart from being a determining factor in the choice of court (whether State High Court or Federal High Court) the nature of the relief to be claimed and the period of time within which such a relief is to be claimed depend on that too.

By the provisions of Section 7 (k) of the Federal High Court Act and Section 251(k) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), all cases involving contracts of carriage by air fall within the exclusive jurisdiction of the Federal High Court.

There is a lot of lack of clarity amongst learned colleagues on what really constitutes a contract of Carriage by Air as a result of which cases that fall within the jurisdiction of State High Courts are wrongly commenced in the Federal High Court and vice versa.

3. Domestic and International Conventions.

The main Municipal law that governs Contracts of Carriage by air in Nigeria is the Civil Aviation Act 2006.

The International Convention that governs this aspect of Air Law is the Montreal Convention 1999. This Convention was domesticated in Nigeria under the provisions of Section 48 of the Civil Aviation Act, 2006.

Prior to the enactment of the Civil Aviation Act in 2006, the applicable International Convention was the Warsaw Convention 1929.

Whilst Section 48 (1) of the Civil Aviation Act 2006 makes the provisions of the Montreal Convention 1999 applicable to International flights, Section 48 (2) thereof makes the said provisions applicable to local flights as well

4. How to determine whether a particular claim arises from a contract of carriage by air or not.
For any subject matter to come within the definition of a contract of carriage by air the incident must have occurred either in the course of the flight or in the course of embarkation into or disembarkation from the aircraft.
There is a lot of confusion in the ranks of legal practitioners in Nigeria about this definition stated above.
Examples of incidents that do not qualify as contracts of carriage by air, based on this definition are cases of denied boarding, cancelled flight, refusal or failure to refund the cost of a ticket etc.

In the case of KLM Royal Dutch Airlines vs. Taher (2012) 3 NWLR part 1393, page 137, the court of Appeal, Kaduna gave a legal stamp of approval to this definition. Taking the case of denied boarding as an example, a passenger can be denied boarding for several reasons, but in all cases, such a denial would have taken place without embarkation into the aircraft. The same thing happens where a flight is cancelled or where a demand is made for refund of cost of tickets.

All these fall under the category of simple contracts in respect of which the Federal High Court has no jurisdiction.
Such cases ought to be filed in the State High Courts and not in the Federal High Court.
However, our court has tended to make exceptions where one leg of the flight has already taken place and any of these issues arose in respect of the return journey. In such cases, the term “aviation contract” appears to have been tolerated by our courts.

5. Basis of International Civilian flights.
Civilian flights between one country and another are based on Bilateral Air Services Agreement (BASA) (also called Open Skies Agreement) between one country and another that is why Airlines usually take their passengers to their home countries before taking the passenger to another destination. As an example, Delta Airlines being an American registered Airline can fly passengers directly from Nigeria to USA but British Airways or Air France will first fly to the United Kingdom or France respectively “on transit” before they can invoke the Open Skies Agreement between their countries and USA.

6. Basis of compensation for loss or damage to Luggage/Cargo, delay of Luggage/Cargo, Delayed Flights, Injury or Death in Contracts of Carriage by Air.
As stated earlier, the guidelines or parameters for these are provided for in the Montreal Convention 1999 which was domesticated and because part of Nigerian law under Section 48 of the Civil Aviation Act 2006.

Article 19 of the Montreal Convention 1999 provides as follows;
“The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo. Nevertheless, the carrier shall not be liable for damage occasioned by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage or that it was impossible for it or them to take such measures.”

Article 22 provides as follows;
“(1) In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to 4 150 Special Drawing Rights.
(2) In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1000 Special Drawing Rights for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger’s actual interest in delivery at destination.
(3) In the carriage of cargo, the liability of the carrier in the case of destruction, loss, damage or delay is limited to a sum of 17 Special Drawing Rights per kilogramme, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the consignor’s actual interest in delivery at destination.”

The provisions above are self-explanatory. The domesticated version of the Montreal Convention in the Civil Aviation Act 2006 however replaces SDR with US dollars.

Most Nigerian passengers, when travelling, check in their luggage on the basis of weight, but when there is a loss or damage to such luggage, they file claims in court for payment of huge compensations. Such claims are almost always refused by the Airlines ___ based on the limit of liability provisions of Article 22 of the Montreal Convention.
An alternative way to check in luggage is to do so on the basis of the value of the luggage. This attracts payment of extra charges but the advantage of this is that in the event of loss or damage, the Airline will be willing to pay the amount of money which was declared as the value of the luggage.

Article 17 of the Montreal Convention provides as follows;
“1. The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
2. The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier. However, the carrier is not liable if and to the extent that the damage resulted from the inherent defect, quality or vice of the baggage. In the case of unchecked baggage, including personal items, the carrier is liable if the damage resulted from its fault or that of its servants or agents.”

Article 21 of the Montreal Convention provides as follows;
“1. For damages arising under paragraph 1 of Article 17 not exceeding 100 000 Special Drawing Rights for each passenger, the carrier shall not be able to exclude or limit its liability.
2 The carrier shall not be liable for damages arising under paragraph 1 of Article 17 to the extent that they exceed for each passenger 100 000 Special Drawing Rights if the carrier proves that:
(a) Such damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or
(b) Such damage was solely due to the negligence or other wrongful act or omission of a third party”.
Again these provisions are self-explanatory: And again, the domesticated version of the Montreal Convention in the Civil Aviation Act 2006 replaces the monetary unit “Special Drawing Rights” with United States dollars.
It therefore follows that compensation for death or bodily injury as a result of accidents in air travel is USD100, 000 (both international and domestic travels). The Carrier cannot by way of contract, limit this minimum liability. Thus 100,000 SDR was modified to USD100, 000 under the Civil Aviation Act.
Section 48(3) of the Civil Aviation Act 2006 provides that out of this minimum liability of USD100,000 the sum of USD30,000 is to be paid as advance payment within a period of 30 days from the date of the accident. But this advance payment does not amount to admission of liability.

Limitation of Action as to time:
Limitation of action as to time for filing an action in court is 2 (two) years from the date of the incident

Article 35 of the Montreal Convention provides as follows;
“The right to damages shall be extinguished if an action is not brought within a period of two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

The method of calculating that period shall be determined by the law of the court seised of the case.”

7. Conditions for exceeding limit of liability of compensation:
The Convention provides as follows under Article 22 (5);
“The foregoing provisions of paragraphs 1 and 2 of this Article shall not apply if it is proved that the damage resulted from an act or omission of the carrier, its servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that such servant or agent was acting within the scope of its employment.”
The operative words here are “done with intent to cause damage, or recklessly and with knowledge that damage would probably result”

This requirement is a level of Negligence higher than what common law of negligence requires: it involves a reckless conduct and the knowledge that damage would result therefrom almost like the requirement of “mens rea” and “acteus reus” in criminal law:
This provision is similar to the provisions of Article 25 of the Warsaw Convention. The action must have been taken with knowledge that damage would result therefrom;

In other words, there must be the physical element consisting of the recklessness of the action that led to the loss or damage and the mental element which consists of knowledge that damage would result from the reckless action.
The decision which has been regarded as the international locus classicus on this point appears to be the case of Goldman vs. Thai Airways International Limited (1983) ALL. E.R. 693 where the court held as follows;
“For damages awarded against the Carrier to be at large in accordance with the provisions of Article 25 of the Convention, as amended at the Hague, it is not sufficient for the act or omission that is relied on to have been done recklessly, it must also be shown to have been done “with knowledge” that damages would probably result.
Thus where a pilot did not know that damage would probably result from his omission, the court is not entitled to attribute to him knowledge which another pilot might have possessed or which himself should have possessed.”

The Supreme Court of Nigeria upheld this authority and interpretation of Article 25 of the Warsaw Convention contained therein in several decisions including Cameroun Airlines vs Otutuizu (2011) 4 NWLR Part 1238 p. 152
The Nigerian courts have also adopted the same interpretation in the following cases; Harka Air Services vs Keazor (2006) 1 NWLR part 960, p. 160, Cameroun Airlines vs Abdulkareem (2003) 11 NWLR part 830 P.1, Oshevire Limited vs. British Caledonian Airways limited (1990) 7 NWLR part 163 P. 507.

8. On the basis of this interpretation, the Nigerian courts have applied Article 25 of the Warsaw Convention 1929 in the following circumstances and cases;
(a) In the Supreme Court case of Harka Air Services (Nig.) Ltd vs. Emeka Keazor supra evidence was led by the Plaintiff at the trial that in the face of very bad weather in Kaduna which led to the cancellation of many flights, the Defendant’s pilot decided to fly the aircraft to Lagos with the Plaintiff as one of the passengers. When the aircraft arrived Lagos, the Air Traffic Control refused to grant the pilot permission to land because the aircraft was above normal height.

Notwithstanding the above, the pilot proceeded to crash land the aircraft, as a result of which the Plaintiff sustained injuries.
(b) In the Supreme Court case of British Airways vs. Atoyebi (2014) 13 NWLR Pt. 1424 P. 253 evidence was led by the Plaintiff at the trial that he travelled with the Defendant Airline as a first class passenger from London to Lagos. Upon arrival in Lagos, his checked in luggage did not arrive with him. He immediately brought this to the attention of the Defendant who made inquiries and found that the piece of luggage was inadvertently left behind in London. He was assured that the luggage would arrive Lagos with the next available flight from London.
For the next two days, the plaintiff kept going to the defendant’s airport office and yet his luggage did not arrive.

The plaintiff gave a letter of authority to his associate in London to collect the Luggage on his behalf and he informed the defendant Airline accordingly but when his associate in London went to collect the luggage, the Airline refused to release the luggage to him.

The plaintiff had no choice but to personally travel to London once again as a business class passenger to retrieve his Luggage.

(c) In the Court of Appeal case of Emirate Airlines vs. Ngonadi (No.2) (2014) 9 NWLR (Pt. 1413) 506, evidence was led by the Plaintiff at the trial to show that when she approached the Defendant’s counter in Dallas U.S.A with her return ticket to board the flight that would eventually bring her back to Lagos to spend Christmas with her parents, she was initially checked in but at the point of embarkation she was stopped from entering the plane.

When the Plaintiff protested that it was the same ticket that she used in coming to USA and that she was only using the “return leg” part of the ticket, the Defendant’s officials invited the airport security men to physically throw out the Plaintiff, who was 18 (eighteen) years old and had nobody to turn to for assistance in a foreign Country.

(d) In the Supreme Court case of Cameroun Airlines vs. Otutuizu (2011) 4 NWLR (Pt. 1238) 152 Plaintiff led evidence at the trial to show that he boarded the Defendant’s aircraft on a flight to Swaziland, but the Defendant took him to South Africa instead, where he was abandoned despite his protest that he did not have any Transit Visa to enter South Africa.

Consequently, the Plaintiff was arrested, deported to Zimbabwe, where he was once again arrested, robbed, and then deported to Nigeria.

In all the cases cited above, cogent, probative and compelling evidence was placed at the disposal of the Court by the plaintiffs which showed not only acts of recklessness by the Airline, but they also showed that the Defendant Airline acted with obvious knowledge that what they were doing was wrong and that damages would result therefrom.

9. CONCLUSION:
In conclusion, counsel should ask himself/herself the following questions before rushing to court to file a claim for damages/compensation in contracts involving a passenger and an Airline.
(i) Is it a contract of Carriage by air or just a simple contract?
This determines the venue…. Whether the action should be filed in the Federal High Court or the State High Court.
(ii) It involves loss or damage to luggage on what basis was the luggage checked in?
Was the luggage checked in on the basis of weight or value of the contents of the luggage which involves payment of extra charges?
(iii) Is the claim for damages or compensation within the limit of liability provisions of Article 22 of the Montreal Convention?
(iv) Is the date of the incident less than 2 (two) years old?
(v) If the claim is in excess of the limit of liability, are there sufficient facts to prove Negligence in Air law? (Not common law negligence).

Counsel should bear in mind, the provisions of Article 29 of the Montreal Convention which provides as follows;
“In the carriage of passengers, baggage and cargo, any action for damages, however founded, whether under this Convention or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and are their respective rights. In any such action, punitive, exemplary or any other non-compensatory damages shall not be recoverable.”

Thank you for listening.

S. E. Elema SAN, FCArb
Principal Partner,
Usman & Elema (Barristers & Solicitors)

November 17, 2021.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

 

SENATORS, NBA, NGIGE, FALANA DISAGREE ON NEW LAW SCHOOL CAMPUSES

The Council for Legal Education, Nigeria Bar Association (NBA), Body of Benchers and some Senators have rejected a proposal by the Senate to create additional six Nigerian Law School campuses in the country.

They made their views known during a public hearing on a bill that seeks to establish one campus of the school in each geopolitical zone of the country organised by the Senate Committee on Judiciary, Human Rights and Legal Matters, in Abuja.

The Bill titled: “Legal Education (Consolidated etc, Amendment) Bill 2021,” was sponsored by Senator Smart Adeyemi, representing Kogi West.

The Senators that opposed the Bill were Ike Ekweremadu (Enugu West) and Seriake Dickson (Bayelsa West).

However, Senators that supported the Bill include Smart Adeyemi, Abiodun Olujimi (Ekiti South) and Kashim Shettima (Borno Central).

They argued that the establishment of the proposed six law schools will greatly enhance access to legal education in the country.

While Ekweremadu warned against any attempt to politicise the establishment of Law School campuses in Nigeria, Dickson urged his colleagues to tread cautiously.

Ekweremadu said: “The establishment of new campuses or Law Schools should be left at the discretion of the Council for Legal Education that is empowered by the Act that established it in 1962”.

On his part, NBA President Olumide Akpata (SAN) said the move was unnecessary as the existing six campuses of the school were grossly underfunded before the intervention of the Rivers State Government that built a well-equipped campus in Port Harcourt.

“With required infrastructure, the existing law schools across the country are enough to accommodate thousands of law students graduating from the various universities.

The Chairman of the Council for Legal Education, Emeka Ngige SAN, said the council is 100 per cent opposed to the move to create the six additional law schools.

Ngige said the position of the Council was informed by the deplorable condition of most of the existing ones due to gross underfunding.

“For instance, the deplorable condition in which students at the Yenagoa law campus are studying is worse than what prisoners in Ikoyi Prison are experiencing,” Ngige said.

He told the lawmakers that they will shed tears if they visit some of the existing campuses and see the deplorable conditions in which students and lecturers are living.

“The move by the Senate through this bill is more or less subtle usurpation of the functions of the Council for Legal Education.

“Any need for establishment of a new law school campus, is by law, to be routed through the Council for Legal Education as exemplified by the Rivers Model,” he stressed.

But activist-lawyer Femi Falana, SAN, supported the establishment of additional six law school campuses in all the geopolitical zones.

THE NATION reports Falana as saying: “It is important to clarify certain facts: the Council for Legal Education Act, was enacted in 1962 for the creation of one law school.

“Nowhere in the Act was it provided that we are going to have a multi-campus institution; it is important for our colleagues to realise that in 1999, we had six batches of students who had no place to go, they contacted me and I had to go to court.

“The law building of the law school in Lagos had already been sold to a businessman who wanted to turn it into a hotel when the school moved to Abuja.

“It was only one campus not until I went to court and we got an injunction restraining the government from selling the law school in Lagos.”

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32 CONTESTANTS EMERGE IN GADZAMA ‘BUSINESS LAW DEBATE’

Thirty-two contestants have been selected for the “Business Law Debate” which is part of activities to mark the 60th birthday anniversary of pioneer Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL).

According to a statement made available to CITY LAWYER, “The first round will commence today, Wednesday, November 17, 2021 at 6:00 p.m.; it will be live on zoom and can be watched via this link: https://us02web.zoom.us/j/86044023411

Below is the full text of the statement.

APPROX N2M UP FOR GRABS AS GADZAMA’S BUSINESS LAW DEBATE STARTS TODAY *

Congratulations to the 32 shortlisted Candidates for making it to the knockout stage of the competition.

The first round will commence today, Wednesday, November 17, 2021 at 6:00 p.m.; it will be live on zoom and can be watched via this link: https://us02web.zoom.us/j/86044023411

The debates will continue tomorrow, Thursday, November 18, 2021 and will end on Tuesday, November 23, 2021, when the finals will be held.

Recall that the winner will walk home with N1,000,000 while the runner up and second runner up will win N500,000 and N250,000 each. Other prizes are also available for the shortlisted Candidates.

To find out more about the competition and obtain live updates, you are advised to check J-K Gadzama’s social media handles.

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ODILI HOUSE RAID: ‘AKPATA DIDN’T DISPARAGE MALAMI,’ SAYS NBA

The Nigerian Bar Association (NBA) has washed its hands off an online post in which its President, Mr. Olumide Akpata allegedly blasted the Attorney-General & Minister of Justice, Mr. Abubakar Malami SAN for his purported role in the controversial raid on the house of Supreme Court jurist, Justice Mary Odili.

In a Press Statement made available to CITY LAWYER, the NBA said that it is focused on its investigation of the infamous raid, adding that “The NBA remains resolute in its determination to fish out and bring to book those who raided and/or authorised the raid on Hon. Justice Mary Odili’s house, in line with its mandate of promoting the rule of law and defending the independence of the judiciary.”

Below is the full text of the press statement.

INVASION OF JUSTICE ODILI’S HOME: NBA DISSOCIATES SELF FROM DISPARAGING REMARKS AGAINST THE PERSON OF THE HONORABLE ATTORNEY GENERAL OF THE FEDERATION AND MINISTER OF JUSTICE- ABUBAKAR MALAMI, SAN.

Dear Colleagues,

The attention of the Nigerian Bar Association (NBA) has been drawn to some comments on social media credited to the President of the NBA regarding the investigations into the raid of Hon. Justice Mary Odili’s house.

In the highly mischievous statement now making the rounds on social media, the President of the NBA was credited with the following remarks:

“Abubakar Malami is the most incompetent Attorney General of the Federation Nigeria ever had. A Lawyer with no respect nor regard for rule of law.”

“Malami cannot deny being involved in the raid of the house of Hon. Justice Mary Odili. He’s the principal suspect here and the earlier he admits the fact, the better for him.”

“No Attorney General of the Federation has divided this country like the way Malami did. Malami is not only tribalistic in nature but equally lacks moral principles and character.”

“We urge him to eschew pride and respect the office he’s occupying presently by bringing out those involved in such criminal act or be ready to loose his Senior Advocate of Nigeria (SAN) honour because from all indications, he doesn’t deserve it. He has proven to be exceptionally incompetent, undeserving of such position, lack of character and integrity.”

For the avoidance of doubt, the NBA wishes to set the records straight and state that the leadership of the NBA has since set up a machinery to investigate the matter of the invasion of the home of Justice Odili. The aim of the said investigation is to provide the NBA with credible information based on empirical data regarding the raid on the home of Hon. Justice Mary Odili (JSC), and will not make comments that risks jeopardizing the process.

What is more, the NBA has its official and dedicated communication channels and does not make statements through proxies or fifth columnists.

The NBA sees this fake and mischievously motivated circulation as the handiwork of mischief makers who clearly are not interested in good order or maintenance of peace in an already overheated polity.

The NBA remains resolute in its determination to fish out and bring to book those who raided and/or authorised the raid on Hon. Justice Mary Odili’s house, in line with its mandate of promoting the rule of law and defending the independence of the judiciary.

Dr. Rapulu Nduka
Publicity Secretary
Nigerian Bar Association

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ELECTORAL ACT: OKUTEPA BACKS NASS ON DIRECT PRIMARIES

Leading litigator and Senior Advocate of Nigeria, MR. JIBRIN OKUTEPA has chided commentators who lampoon the National Assembly for enacting direct primaries into our laws, arguing that the legislators have the sole mandate to prescribe the mode of primaries for political parties

The power to make laws for peace, order and good governance in Nigeria is vested in the National Assembly.

The constitution of the Federal Republic of Nigeria 1999 as amended says so. This is what the Constitution says in
section 4(1)-(3) thereof thus:

4. (1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States.

From the above constitutional provisions the power of the National Assembly to make laws on any matter included in the Exclusive and Concurrent Legislative Lists is to the exclusion of any other persons or authorities.

The national assembly does not share its Legislative powers with political parties or Nigerian politicians.

Not too long ago the National Assembly enacted the Electoral Act to make provisions for direct primary elections in political parties in Nigeria.

This provision has not gone done well with some political actors who feel that such provision should not be made in the Electoral Act. These political actors argued albeit selfishly that primary elections of political parties are political questions and that the National Assembly has no powers to make law on political questions.

They further argued that such provisions are anti-democratic and such not be allowed.

These arguments do not appeal to me and any reasonable observers of undemocratic impositions of candidates through indirect primaries of political parties as have seen in the past. We are all witnesses to such impositions in our political experiments since the inception of civilian rule in Nigeria.

Indeed the indirect primaries of political parties had produced more political despots and tyrannical leadership in political godfathers than democratic evolutions of candidates for our elections at all levels. Indirect parties primaries had made contests for political offices more expensive and out of reach for those with ideas of how to govern Nigeria and had produced more corrupt rulers. Those who spent fortunes to get nomination by indirect primaries spend public resources to pay their political godfathers from the treasuries of the States. The arguments that the National Assembly have no power to enact law on how parties primaries shall be conducted are not rooted in constitutional logic and patriotic thinking. The National Assembly has powers to so make the law for Political parties.

By the provisions of the constitution cited hereof the National Assembly has powers to make laws on all the items in the Exclusive Legislative List.

By the provisions of item 22 of the Exclusive Legislative List the National Assembly has power to make laws on how
election to the offices of President and Vice-President or Governor and Deputy Governor and any other office to which a person may be elected under this Constitution, excluding election to a local government council or any office in such council. Therefore the National Assembly has powers to determine the mode of or the processes of how a candidate should emerge for election under the Constitution.

Again by item 56 of the 2nd Schedule of the Exclusive Legislative List the National Assembly has powers to make law on formation and regulations of political parties.

There is nothing unconstitutional in the National Assembly enacting the Electoral Act to provide for direct primary elections for political parties.That is part of its constitutional mandate to regulate the conduct of political parties.

In any case even the constitution of Nigeria does not contemplate indirect primaries of political parties as been done by very undemocratic impositions in Nigeria.

This is what the Constitution says:
223. (1) The constitution and rules of a political party shall- (a) provide for the periodical election on a democratic basis of the principal officers and members of the executive committee or other governing body of the political party.

I think that the National Assembly deserves commendations for the bold steps to democratise primaries of political parties in ensuring that members of the political parties and not few money bags have a say in those to fly the flags of their political parties.

Kudos to the National Assembly.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. The assertions and opinions expressed in articles, announcements and/or news on this website reflect the views of the author(s) and do not (necessarily) reflect the views of the webmaster, the internet provider or CITY LAWYER. CITY LAWYER can in no way whatsoever be held responsible for the content of such views nor can it be held liable for any direct or indirect damage that may arise from such views. CITY LAWYER neither guarantees nor supports any product or service mentioned on this website, nor does it warrant any assertions made by the manufacturers or promoters of such products or services. Users of this website are always recommended to obtain independent information and/or to perform independent research before using the information acquired via this website.

LAW SCHOOL CLASS OF ’91 ROLLS OUT REUNION PLAN

The Nigerian Law School Class of ’91 has released its 30th Anniversary Celebration and Reunion plan. In a statement by the Chairlady, Publicity and Mobilisation Subcommittee who is also the General Secretary of the Nigerian Bar Association (NBA), Mrs. Joyce Oduah, the Class urged members to sign up enmasse for the mouth-watering and eagerly awaited 30th Anniversary fiesta.

Below is the full text of the statement.

INVITATION TO NIGERIAN LAW SCHOOL CLASS OF 91 30TH ANNIVERSARY CELEBRATION

Distinguished Members of the NLS Class of 91,

It is with great delight that we inform you of the Class of 91 30th Anniversary Celebration and Reunion. We are grateful to God for His faithfulness in keeping us thus far and for all He has in store for us in the coming years.

The programme of the celebration includes:

1. Get Together, Lecture, Presentation of Scholarship to Indigent Students of the Nigerian Law School and Dinner .
2. Year Book

1. Get Together and Scholarship
The details of the event is as follow

Date: 10th December, 2021
Time: 10 am
Venue: Nigerian Air Force Mess, Kado District Abuja.

Dinner in the evening.

To this end, members are to pay a minimum of
Senior Advocates: N200, 000.00
Attorney Generals and Political Office holders: N100,000.00
Judicial Officers: N50,000.00
Class Members: N50, 000.00

Payment should be made into the account below using your Name as Reference.

Account No: 0027893583
A/c name: J.S.Okutepa SAN and Company
Bank: GTB Plc.

It will be great that we come together to reconnect, network and celebrate God’s faithfulness in our lives.

Invited guests include the Vice President of Nigeria, Chief Justice of Nigeria, the Attorney General of the Federation and Justices of the Supreme Court and Court of Appeal. Members will be entertained by various artists and mouth watering cuisines.

Scholarships would also be presented to 30 indigent students of the Nigerian Law School, 2021 set.

2. Year Book
As part of the celebration, members are invited to send their pictures and bio for the class of 91 year book on on before 20th November, 2021. Information should be sent to nls1991anniversary@gmail.com. Bio must not exceed 100 words.

Hotel Reservation
Please note that rooms have been reserved for our distinguished members at NAF conference centre and Rave Hotel (opposite NAF) at the discounted rate of N30,000.

Hotel Booking and Payment can be made to

Account No. 2001299357
Accout Name: Ezra Yakusak
Bank: UBA

Kindly click the links below to join the NLS Class of 91 telegram group https://t.me/joinchat/U47upR4XBxqVx7ZX
and our WhatsApp group https://chat.whatsapp.com/FRvNgyfiHAaKPOtkAFQHrF

For more information call 08033067006.

We look forward to your participation. See you soon!

… let’s reunite and make memories

Joyce Oduah FICMC
Chairlady, Publicity and Mobilisation Subcommittee

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CIARB NIGERIA WANTS PARTIES THAT SHUN ARBITRATION CLAUSES PUNISHED

The Chartered Institute of Arbitrators UK (Nigeria Branch) held its Annual Conference at Ibadan, Oyo State from 3rd to 5th November, 2021. Below is the text of the communique issued after the highly successful annual conference.

Communiqué of the Annual Conference of the Chartered Institute of Arbitrators UK (Nigeria Branch) held at the Hall of Grace Jogor Event Centre, Ibadan, Nigeria/online from the 3rd to 5th November 2021

Introduction:
Over 600 delegates and about 50 speakers from all over the world registered and participated in the annual
conference physically and virtually at Jogor Event Centre, Ibadan, Nigeria and online with the Conference
theme of “Future perfect: Securing Africa’s ascent on the global ADR stage”.

The Annual Conference of the Chartered Institute of Arbitrators UK (Nigeria Branch) held at the Hall of Grace
Jogor Event Centre, Ibadan, Nigeria/online from the 3rd to 5th November 2021. The program commenced
with the Young Members Group Conference on the 3rd of November and continued until the 5th of November. Various events including an opening session, two plenary sessions, eight parallel sessions and one Oxford style debate alongside other events like networking breakfast, gala night and golf tournament were part activities within the period.

The Governor of Oyo State, His Excellency, Seyi Makinde declared the conference open, and the keynote
address was given by the Honourable Minister of the Federal Ministry of Works and Housing, His Excellency
Babatunde Raji Fashola, SAN.

In the Course of the Three (3) days conference with the delegates and speakers discussing the theme of the
conference, with the following sessions that critically looked at the following sub themes:
– Evolving areas and practical tools for practitioners
– Nigeria as a seat of international arbitration – a closer look.
– IP, Data Privacy and sharing in arbitral proceedings.
– Facing moral and ethical dilemma: what would you do?
– Cyber security issues in arbitration: best practices.
– Developing diversity in arbitration: advocacy and tribunal secretaries.
– Africa Rising: Enhancing efficiency in the arbitral process.
– Insolvency and Arbitration: Dealing with post-covid disputes.
– An hour with African Arbitrator Sages: A mentoring session.
– Climate change and Green arbitration: Need for adaptation.
– Around the world in 60 minutes: Hot topics in international arbitration and mediation.
– Civil Justice and Mediation: Overview of developments in commercial mediation (Oxford Style Debate).

Which sought to address questions such as:
1. Can Nigeria be considered as a friendly seat for arbitration, does Nigerian laws and courts actively support
the arbitral process and does the country have adequate infrastructure?
2. How can a party protect its trade secrets shared during arbitral proceedings?
3. To what extent can data or other information be privileged such that it cannot be shared?
4. What are the professional obligations or duties of parties in ADR proceedings?
5. Are specialized international ethical rules needed, and if so, how would they relate to existing national
rules?
6. What are the cyber-security risks inherent in the use of technology in arbitration proceedings?
7. What are the guidelines, protocols, and rules that have been established by arbitral institutions and
professional bodies?
8. What progress has diversity brought to international arbitration?
9. How can Africa take advantage of its very pivotal role in global commerce and business to promote a more
afro-centric practice of arbitration?
10. What are the potential challenges that insolvencies induced by the evolving covid-19 pandemic, likely to
pose to arbitrations, arbitrators, and practitioners?
11. What are the aims and objectives of the green arbitration campaign?
12. What is the green arbitration pledge and protocol and how can it enhance the development of greener
arbitration in Africa and Nigeria in particular?
13. Can parties to a civil dispute be compelled to participate in ADR processes under the extant Nigerian law
and does the constitution of the Federal Republic of Nigeria, the High Court laws, and the various rules of
court permit this approach?

The following conclusions were agreed upon,
ADR is increasingly being used in Africa as it is aligned with the African concept of justice. Foreign direct
investment into Africa and intra African trade is increasing in value and numbers, hence the argument for the
use of ADR is even stronger.

1. There is a need to inject new innovations and improve the overall process of ADR in Nigeria. Investors want
alternative dispute resolution methods that are efficient and affordable and the use of ADR will help to
reduce the burden on the courts and improve access to justice.

2. There is a general misconception about what arbitration and ADR is by parties and Counsel. The CIArb
Nigeria should adopt strategies to develop awareness and advocacy on the general use of ADR by
disputants.

3. There must be punitive costs on parties that resort to litigation after they have decided to submit their
disputes to arbitration via their arbitration clause. Parties who head to court rather than following the
dispute resolution clause should be sanctioned for not respecting the sanctity of the arbitration clause
mutually entered into by parties.

4. The Chartered Institute should drive the narrative on ADR in Africa because Africa’s size, geographically
and demographically is a major advantage for the continent. The major thing that stands in the country’s
way is ADR practitioners and users who refuse to retain their dispute resolution on the continent and
appoint African practitioners.

5. Factors that parties consider in choosing whether a country is arbitration friendly.
1) Look at the party’s country anti-corruption policy
2) Contractual dynamics
3) Subject matter of the dispute
4) Issue of neutrality
5) Security and
6) Need for specialized judges and not specialized courts

6. Arbitrators must ensure data protection, retention and destruction; identify the confidential data and
utilise platforms that will ensure the protection of such data.

7. Confidentiality is one of the hallmarks of arbitration and arbitral tribunals must ensure privacy especially
as sensitive information be given during the hearings, the arbitrators in such disputes must ensure that the
information is protected and kept confidential.

8. An Investment Protocol under AfCFTA will provide common protections for investors across all African
countries and provide a means of redress for settling disputes amongst private parties. It will ensure
greater certainty of investor protection as “Investment” will have the same meaning cross Africa.

9. Every player in the arbitration space must take the issue of diversity seriously, and there must be a joint
effort between all stake holders. Law firms, ADR institutions and parties should address the issue of
diversity. ADR institutions have a role to play in inclusion and diversity, the arbitral institution should put
issues of diversity into consideration when constituting arbitral tribunals.

10. Diversity in the constitution of the tribunal does not really impact on the impartiality and independence
of the arbitrators. Generally, arbitrators are supposed to be impartial and independence, so diversity is
not going to have much influence on the impartiality and independence of the arbitral panel.

11. Hard work, perseverance, dedication, continuous training and passion will assist in positioning CIArb
members for arbitration work. Mentorship and development of various schemes will be improved to
provide more opportunities for members.

12. There is need for the inclusion of arbitrators from other professional backgrounds in our membership.
Arbitral Institutions should encourage appointment of arbitrators from other professions when
constituting arbitral tribunals due to specialisation and overall competence in the determination of certain
disputes.

13. There should be diversity in the constitution of the arbitral tribunal and appointment of an arbitral secretary to ensure an all- inclusive tribunal that represents diversity such as gender, age, ethnicity, geography and such criteria.

14. The risk of cyber hacking and mishandling of confidential information is real. It is important for an
arbitrator to be aware of the necessary data protection laws and its applications to avoid personal liability
and misconduct.

15. For an arbitral tribunal to be liable for misconduct, such misconduct needs to be identified and proven.
Parties are called upon to comply with directions by the Tribunal and Members are also to ensure adherence
to professional ethics always.

16. The Green Protocols from the Campaign for Greener Arbitration primarily focuses on three critical areas
in which changes in the behavioural practices of arbitration practitioners could have the largest impact in
substantially reducing carbon emissions. The arbitration community is encouraged to:
a. Adopt clean forms of energy,
b. Reduce or eliminate long-haul travel and,
c. Minimize waste, for example by eliminating hard copy fillings altogether.

17. Arbitral institutions across Africa should provide protocols on remote/virtual hearings and support the
digitalization of arbitration to reduce the carbon footprint in the conduct of arbitrations.

18. Arbitration clauses that provide for procedural meetings and oral evidentiary hearings to be conducted
remotely or virtually should be included in drafting such agreements.

19. Access to the delivery of civil justice is enhanced when parties can voluntarily make use of all forms of
alternative dispute resolution methods particularly mediation and arbitration for both domestic and
international disputes. It is therefore important that policy makers in the judiciary and legislature support
and enhance the use of ADR in decongesting the courts and making civil jurisprudence more efficient and
accessible to parties.

Signed by:
Prince Lateef Fagbemi SAN                                                      Richard Ayodele Akintunde SAN
Co-Chair, 2021 Conference Planning Committee                    Co-Chair, 2021 Conference Planning Committee

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AVOCATS: COURT AWARDS N20M TO TORTURE VICTIM

A high court in Lagos State has awarded N20 million in damages to a victim of torture for the violation of his rights by the Nigerian Police. This followed a pro bono legal representation of the victim, Mr. A. Abiodun by Avocats Sans Frontières France in Nigeria.

Prior to ASF France’s intervention, Abiodun  had spent over seven years in arbitrary detention after being subjected to torture by security operatives.

According to Angela Uwandu Uzoma-Iwuchukwu, Country Director, Avocats Sans Frontieres France, Nigeria, “The ASF France pro-bono legal aid program was instituted for cases of this nature, to provide legal aid at no cost to the defenseless, hence, ASF France intervention in the case of Mr. Abiodun.

“Between the months of April – August 2021, ASF handled Mr. Abiodun’s case, tendering applications to the Lagos State High Court on behalf of the detainee, citing the instances of torture, violation of his rights to personal liberty and freedom of movement, provided under the sections 35 and 41 of the constitution of the Federal Republic of Nigeria 1999 as amended.

“The application was successful as judgement was delivered in favour of Mr. Abiodun, and the police was ordered by the court to pay the sum of twenty million naira in damages to Mr. Abiodun

“In similar fashion, ASF France provided legal assistance to Mr. James A during the same period. Mr. James had spent over one year in arbitrary detention after being tortured. ASF France secured his unconditional release based on a similar application to the court citing the instances of torture and other violation of his rights.”

Said Uwandu after the judgement, “Nothing can ever make up for 7 years loss of one’s life, let alone 7 years filled with unthinkable acts of torture. Security agencies need to demonstrate their commitment to human rights by upholding these laws against torture.

“These cases were handled on the platform of the Promoting the United Nations Convention Against Torture (ProCAT) project, which is aimed at ending torture in Nigeria in line with ASF France overall mandate of giving a voice to the defense.”

The ProCAT project is being implemented in Nigeria by Avocats Sans Frontières France and co-funded by the United Nations Voluntary Fund for Victims of Torture (UNVFT) and the German Embassy in Nigeria.

Meanwhile, in line with the Pro-bono legal aid intervention of the “Strengthening the National Actors Capacities and Advocation for Ending Severe Human Rights Violations in Nigeria” (SAFE) project, Avocats Sans Frontières France (ASF France) has also secured the unconditional release of four (4) victims of arbitrary detention in Kaduna State, Nigeria. The SAFE project is funded by the European Union and the Agence Française de Développement.

Arbitrary detention continues to be a huge problem in the administration of criminal justice in Kaduna State and Nigeria at large, with victims spending unimaginable amount of time in detention without ever appearing in court for trial. This was the exact situation of Mr. T. Suleiman, Mr. Y. Hussaini, Mr. S. Abdulrahan, and Mr. I. Tukur. They had all been in custody for years without trial. Suleiman had been in custody since 2017 (4 years), both Hussaini and Abdulrahan had been in custody since 2016 (5 years), while Tukur has been in custody since 2018 (3 years). “These are clear examples of individuals whom the Nigerian justice system has failed,” Uwandu said in a statement made available to CITY LAWYER.

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GADZAMA @ 60: HOT PRIZES FOR BUSINESS LAW DEBATE

About N1.75 Million is to be won in the “Business Law Debate” to mark the 60th birthday anniversary of pioneer Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Chief Joe-Kyari Gadzama SAN.

The debate is open to lawyers of 1-10 years post-call. Participants are required to send a video of themselves arguing ‘Whether the Nigerian law should permit third party funding in arbitration.’

The 32 valid entries with the highest ‘likes’ on Instagram will be shortlisted for the next round. The entries close today.

Meanwhile, Gadzama has vowed to debunk “mammoth series of falsehood being concocted and peddled against my person, practice and interpersonal relationship within the legal profession.”

The statements made available to CITY LAWYER read:

N1.75M To Be Won as J-K Gadzama SAN Turns 60.

Are you a lawyer?
Can you debate??
You know a thing or two about Business law???

Then don’t miss this opportunity!
N1,000,000; N500,000 and N250,000 are up for grabs as J-K Gadzama SAN celebrates his 60th Birthday.

Interested Participants should quickly submit their application to partake in this competition

Don’t wait to be told!
Participate!!

THE MANY FALSEHOODS AGAINST JOE-KYARI GADZAMA, SAN
——————————–
REFUTAL SERIES

Dear Colleagues,

My attention has been drawn to the mammoth series of falsehood being concocted and peddled against my person, practice and interpersonal relationship within the legal profession.

Against this backdrop, it has become pertinent, now more than ever, especially given the likelihood of misconstrued silence as admittance, to state, and categorically so, the true position of things.

Therefore, in the coming days, weeks and months I will be stating in unequivocal terms, my position on the many lies, unwarranted publications and red herrings against my person and practice. Indeed, no matter how dark and scary the night is, it must give way to the light and joy of the morning. I intend to, religiously shine the light of my truth through the many dark lies against my person.

For the record, most of my professional interactions have been documented from day one and I will tap from that rich reserve to put to death these roaring mendacities of falsehood.

Thank you.

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JUSTICE ODILI RAID: GADZAMA WANTS CULPRITS PUNISHED, HAILS NBA

The pioneer Chairman of the Nigerian Bar Association (NBA) Section on Public Interest and Development Law (SPIDEL), Chief Joe-Kyari Gadzama (SAN) has urged the Federal Government to fish out and punish all those found culpable in the controversial raid on the residence of Justice Mary Odili of the Supreme Court.

In a statement made available to CITY LAWYER, Gadzama condemned “in very strong terms, the raid on the residence of Honourable Justice Mary Peter Odili, JSC, and make bold to aver that it is a siege on the sanctity of our nation’s judiciary, rule of law and the doctrine of judicial independence. This must not be left to go unpunished. I further call for an urgent investigation to help fish-out the perpetrators.”

The chartered arbitrator commended the NBA leadership “for issuing a statement, and with the speed of light too, therein condemning such act of rascality and taking further steps to convene an emergency meeting of the NBA National Executive Committee solely to discuss this issue and take a definitive stand on behalf of the NBA.”

He also praised the Olumide Akpata-led NBA on the successful conduct of the recently concluded Annual General Conference (AGC) in Port Harcourt,

Below are the statements by Gadzama.

STATEMENT OF CHIEF JOE-KYARI GADZAMA, SAN ON THE RAID OF JUSTICE MARY ODILI’S RESIDENCE BY UNIDENTIFIED SECURITY OPERATIVES

1. On Friday, the 29th day of October, 2021, while in Port Harcourt for the Annual General Conference of the Nigerian Bar Association, I received with much disappointment the news of the raid on Honourable Justice Mary Peter Odili’s residence. I have waited patiently to read further on the possible justifiable rationale for such gestapo show of might, but all to no avail. It is now more than 48 hours after the said raid and information is still scarce and far in-between as to the rationale for the raid on the residence of the second most senior judicial officer in Nigeria. It is a case of loud deafening silence and a game of blame-game. No one, seems to be claiming responsibility and no one seems to be offering further explanations on who is/was responsible for such dastardly act of rascality and impunity aimed at soiling the garment of our judiciary.

2. These trends of habitual unjustified raids on the residences of Judicial Officers, the concomitant unexplained reasons and continuous rape of due process, spell imminent doom and anarchy if not urgently arrested. Lest our collective silence be misinterpreted as our collective approval, this is a further call that the tenets upon which our society was founded be restored: rule of law. We must take heed to the words of Martin Luther King Jnr, when he said that the “the ultimate tragedy is not the oppression and cruelty by the bad people but the silence over that by the good people”. The danger of our silence in the face of apparent injustice and anarchy cannot be overemphasized; it is the utmost form of betrayal.

3. I must therefore commend the Nigerian Bar Association, under the leadership of Olumide Akpata, for issuing a statement, and with the speed of light too, therein condemning such act of rascality and taking further steps to convene an emergency meeting of the NBA National Executive Committee solely to discuss this issue and take a definitive stand on behalf of the NBA. While I commend this initiative, I must emphasize that all must be emphatic that it is gravely unpardonable to assault, trample upon, attempt to intimidate and/ or harass the judiciary which is the last hope of the common man. Indeed, injustice anywhere is a threat to justice everywhere.

4. It is even more abhorrent that the rationale for the present raid on Hon Justice Mary Peter Odili’s residence has not been explained or justified, the incident could therefore only be interpreted as an attack on the Judiciary, possibly designed to intimidate and ridicule the Judiciary.

5. We must remember that Nigeria’s democracy is not made up of only the executive, but the legislature and the judiciary. Borrowing from the words of Caroline Kennedy, which now reflect the needs and realities of our space, “the very bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing.” An independent judiciary is indeed the crown jewel of any democracy and Nigeria is no different.

6. As the Pioneer Chairman of the NBA Section on Public Interest and Development Law (SPIDEL) whose commitment is towards maintenance of public law and order, the very fulcrum upon which the society stands and thrives, I condemn, in very strong terms, the raid on the residence of Honourable Justice Mary Peter Odili, JSC, and make bold to aver that it is a siege on the sanctity of our nation’s judiciary, rule of law and the doctrine of judicial independence. This must not be left to go unpunished. I further call for an urgent investigation to help fish-out the perpetrators.

God Bless the NBA,
God Bless the Judiciary,
God Bless Nigeria.

I wish to congratulate us all on the successful conduct of the 61st Annual General Conference of our dear Association, the Nigerian Bar Association.

I must specifically thank the National Officers of our dear Association under the able leadership of our indefatigable President, Mr Olumide Akpata, the TCCP ably led by Mr. Omubo V. Frank-Briggs and the Local Organizing Committee for the exceptional leadership exhibited in ensuring the success of this conference.

This year’s conference is undoubtedly exceptional as it is embedded with so many takeaways that are beneficial to us as members of this profession in our personal and professional lives and as citizens of our dear Country, Nigeria to which we have a duty to serve with all our strength.

It is my wish and prayer that we will all make use of what we have learned at this auspicious conference and help in implementing all the panaceas proffered towards repositioning our great profession and by extension, the Country at large. There is no better time than now to do this.

As we travel to our various destinations to continue taking the lead, I wish us all a pleasant and safe trip back home.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

LAW SCHOOL: WIKE TAKES NGIGE ON TOUR OF P/H CAMPUS

Rivers State Governor, Mr. Nyesom Wike recently led the Chairman of the Council of Legal Education, Chief Emeka Ngige (SAN) on a guided tour of the Graham Douglas Campus of Nigerian Law School being constructed by the Rivers State Government. Chief Ngige was accompanied by the Director-General of the Nigerian Law School, Prof. Isa Chiroma, SAN.

Below are photos from the inspection tour.

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ACTIVIST-LAWYER SET TO SUE CAC REGISTRAR-GENERAL

Barring any change of mind by the under-fire Registrar-General of the Corporate Affairs Commission (CAC), Mr. Garba Abubakar, he would soon receive court summons from fiery human rights lawyer, Mr. Maxwell Opara.

In a Pre-action Notice made available to CITY LAWYER, Opara warned that unless the CAC chief executive submits his annual statutory report to the Nigerian Bar Association, he would have no choice than to ask the court to compel the Registrar-General to perform his statutory duties.

Opara stated his “unalloyed shock at the way and manner the Corporate Affairs Commission(CAC), under your leadership, has blatantly refused to release your annual statutory report to the Nigerian Bar Association(NBA) during its Annual General Conference held in Port Harcourt, River State between 22nd to 29th of October, 2021.”

He added that having travelled to Port Harcourt and “planned, among other things, to have the opportunity to listen to your commission’s annual statutory report and ask questions on the various issues bedeviling the CAC since you took over at the helm of affairs,” the Registrar-General “failed to grace the occasion and failed to send any representative for purposes of presenting the required annual statutory report. This unprecedented disregard for a vital process of public service has exhibited your leadership’s unfriendly disposition towards the NBA and total trashing of transparency and efficiency.”

The activist-lawyer noted “that the requirement for the submission of the CAC annual statutory report is in compliance with law and as such your commission is under obligation to comply with the law. More so, the submission of the annual statutory report is an extremely important process through which your commission is to demonstrate transparency and efficiency in the service of the Nigerian people and in relation to stakeholders who work closely with the commission in fulfilling its mandate, for instance the NBA.”

He therefore demanded “that your commission should immediately submit the annual statutory report to the NBA in line with law and to tender an unreserved apology to the NBA,” adding: “TAKE NOTICE that this is my pre-action notice, wherefore in the unfortunate event that you fail to comply with the demand herewith, I shall approach the court for redress.”

The NBA President, Mr. Olumide Akpata reportedly told delegates at the recently concluded Annual General Conference that “It is clear to me that he (Abubakar) is unhappy because the bad press he is receiving now as Registrar is from us. The complaints from lawyers who use the service of CAC is that the Commission is doing a really terrible job. We have set up Task Force and created Helpdesk, yet the complaints kept coming.”

Abubakar has been roundly lampooned by most lawyers for gross inefficiency of the corporate registry.

Below is the full text of the pre-action notice.

November 2, 2021.

The Registrar General
Corporate Affairs Commission
Plot 420 Tigris Crescent, Maitama
900271
ABUJA-FCT.

Sir,

RE: FAILURE TO SUMBIT THE CORPORATE AFFAIRS COMMISSION’S (CAC) 2020/2021 ANNUAL STATUTORY REPORT TO THE NIGERIAN BAR ASSOCATION(NBA) DURING ITS ANNUAL GENERAL CONFERENCE HELD BETWEEN 22ND TO 29TH OCTOBER, 2021 AT PORT HARCOURT, RIVERS STATE.

DEMAND FOR THE SUBMISSION OF THE CAC’S 2020/2021 ANNUAL STATUTORY REPORT TO THE NBA

PRE-ACTION NOTICE PURSUANT TO SECTION 17 OF THE COMPANIES AND ALLIED MATTERS ACT 2020.

My name is Maxwell Opara, Esq. I am a senior legal practitioner in Nigeria.

I write in the afore stated capacity to express my unalloyed shock at the way and manner the Corporate Affairs Commission(CAC), under your leadership, has blatantly refused to release your annual statutory report to the Nigerian Bar Association(NBA) during its Annual General Conference held in Port Harcourt, River State between 22nd to 29th of October, 2021.

During the said Annual General Conference of the NBA, I traveled to Port Harcourt, the venue of the conference, and had planned, among other things, to have the opportunity to listen to your commission’s annual statutory report and ask questions on the various issues bedeviling the CAC since you took over at the helm of affairs.

Unfortunately, you failed to grace the occasion and failed to send any representative for purposes of presenting the required annual statutory report. This unprecedented disregard for a vital process of public service has exhibited your leadership’s unfriendly disposition towards the NBA and total trashing of transparency and efficiency.

It may interest you to know that the requirement for the submission of the CAC annual statutory report is in compliance with law and as such your commission is under obligation to comply with the law. More so, the submission of the annual statutory report is an extremely important process through which your commission is to demonstrate transparency and efficiency in the service of the Nigerian people and in relation to stakeholders who work closely with the commission in fulfilling its mandate, for instance the NBA.

Therefore, it is my duty as a legal practitioner and a stakeholder to uphold the rule of law and transparency in governance.

It is in the afore mentioned backdrop that I write to demand that your commission should immediately submit the annual statutory report to the NBA in line with law and to tender an unreserved apology to the NBA.

TAKE NOTICE that this is my pre-action notice, wherefore in the unfortunate event that you fail to comply with the demand herewith, I shall approach the court for redress.

Thank you.

Yours faithfully.

…………………………………….
Maxwell Opara, Esq.

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