Home Page Measuring Democracy UPP Campaign UK Elections 2010 Law in Society Shop Now PLC Council Dutch Apartheid Law Foreign Tort and Forum Lawsuits Nigeria Membership Contact Us

Dutch Airline wins court case in Nigeria by fraud
EmblemPLCParty.JPGJohn-Salakov3.jpg
Fight Corruption in Nigerian Courts.
~This is a Public Awareness Information Service for
Nigerians in Nigeria and around the world
 ~
 

23 Oct  2011 Leave a Comment Written by Andre J-Salakov


A law suit was brought against KLM – Royal Dutch Airlines in breach of Article 3 of the Warsaw Convention by transporting the Plaintiff the Plaintiff from the Netherlands to Nigeria on June 22, 2010 without proper documentation and concealing the destination from the Plaintiff, was dismissed by Judge Stephen Jonah Adah on September 28, 2011.

After several months of procrastination, uncertainty and hesitation, Judge Stephen Jonah Adah delivered his Judgment on 28 September 2011 but the Plaintiff being dissatisfied with the Judgment gave Notice of Appeal on 20 October, 2011.

Other defendants are: the Attorney General of the Federation (2nd defendant), Comptroller General of Nigeria Immigration Service (3rd defendant); and Minister of Foreign Affairs (4th defendant)

Rulings / Decisions that do not call for dismissal of Suit
A Notice of Appeal has been served upon KLM through its Nigerian lawyers, Messrs Usman & Elema of Lagos. The Plaintiff gave particulars of rulings that do not confirm nor merit dismissal of the Suit. Some of the said rulings are:
1. At page 13, paragraph 2, Sentence 3: “I hold therefore that the originating summons used to initiate this action is not inappropriate. It is valid and competent”
2. At page 14, paragraph 4 – “It is so clear that the transportation of the Plaintiff in the circumstances of this case falls into that of extra ordinary circumstances outside the normal scope (continuation on page 15) of the business of the 1st Defendant so the 1st Defendant is blameworthy for carrying the 1st Defendant (Plaintiff) in this case”.

Judgment was procured by fraud
On the basis of the aforementioned passages in the 15-page Judgment, KLM did not succeed. But then, the Directors of KLM – Royal Dutch Airlines paid a tidy sum of money for the dismissal of the Suit against their Company.

In the mean time, a very dirty, unkempt, tramp-looking Hausa, by the name of Mohammed Awwal Abubakar, is the prime mover of judgment procurement cartel covering Abuja, Lagos, Kano, Kaduna and Sokoto. He employed the services of Kenna and Associates, Usman and Elema, and one Mrs. Sarah H. Daniel, to work with Judge Jonah Adah, to defeat the Plaintiff’s suit. It was a clear case of conspiracy to pervert justice. Abubakar is a legal assistant in the office of the Comptroller General of Nigeria Immigration Service.

KLM runs between 16 and 24 flights to Murtala Mohammed International Airport, Lagos, on a weekly basis.

 
(Andre John-Salakov/Public Law Centre/Public Defender Service/Lawyers Without Frontiers)

Read More Articles in NewEurope by AJS  

February 22, 2012

©PLC Party 1983 - 2009 All Rights Reserved