Written by Civil aviation litigation is an inevitable consequence of international commerce and the transportation of goods and people across national frontiers are an everyday occurrence in the quest for globalization.
[This news item is dedicated to the Attorney General of the Federation, Mr. Bello Adoke. It is also dedicated to the newly appointed Ministers of Foreign Affairs and Aviation]
However, once in a while, some airlines breach one or two Articles of the Warsaw Convention System of 1929 as amended. On other occasions a breach of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air Done at Montreal on May 28, 1999 occurs.
In any event, the moment such eventuality occurs representatives of international carriers in Nigeria could be seen scouting around for dishonourable legal practitioners, who would like to earn millions of naira, even if any legal representation would amount to a conduct tending to pervert the cause of public justice.
Of course, an accessory before a fact is in the same league as the one who carries out the primary offence. But then, the provision of legal advice, representation and advocacy service in Nigeria is such that no one should waste their time blaming airlines that flout Warsaw or Montreal Conventions.
The fault usually rests with Nigerian lawyers who could be
described as ambulance chasers, and who are willing at all material
times to mount unjustifiable litigation in breach of the Rules made
under their Legal Practitioner Act.
Case Studies
In recent years cases have been brought in the Nigerian courts against some well known International Carriers for –
Claim for personal injuries and loss against Contracting Carrier;
Claim in respect of death aboard the aircraft
Claim for Damages against Contracting and Actual Carrier for loss of Cargo
Claim in respect of personal of personal injuries for Damages above Limit set by Article 22 of the Amended Warsaw Convention
Claim in respect of disaster in the air – as in Lokerbie air disaster of 21 December 1988
Claim by an involuntary passenger for Damages Above Limit set by Article
22 of the Amended Warsaw Convention on the grounds of transporting a
passenger to an unknown destination or to a destination of which he has
no “bond of attachment” )i.e. of which he is, in law, an alien) – who is
foisted on the International Carrier by Immigration Authorities
In most of those cases, the Carriers escaped punishment while their lawyers shared the ill-gotten fees received with the lawyer for the Plaintiff, leaving the Plaintiff with nothing.
Nigerian system disgraces English system
Such is the state of legal advice, representation and advocacy in
Nigeria. The term “Legal Practitioner” means, “Solicitor, barrister,
counsel, notary public”.
In other words, the Nigerian legal profession is founded on the English legal system.
Nigerian legal practitioners wear wig and gown. They do try to carry
themselves as if they are fixtures and fittings of the courts system in
the United Kingdom. However, there are cracks behind the glossy surface.
The one-tier legal profession in Nigeria is, like everything else in
Nigeria, corrupt to the core. Many of the practitioners are living on
their wits. Some of the ones that I have come across are a disgrace to
the English legal system that they pretend to know so well.
In Nigeria I have come across legal practitioners who swore oaths in the names of the Attorney General and Minister of Justice, Minister of Foreign Affairs and Comptroller General of Nigeria Immigration Service, without the knowledge of the Attorney General, Minister of Foreign or that of the Comptroller General.
I have come across Nigerian legal practitioners who assume the persona of the Attorney General of the Federation and I have also come across those who claim to speak for the Minister of Foreign Affairs and for the Comptroller General of Nigeria Immigration Service.
But then, neither the AG nor the Minister nor the Comptroller knew anything about the issues under consideration.
Nigerian judges do not have the time to ensure that the legal
practitioner appearing before them is properly briefed by the person or
minister whom he purports to represent.
Judges and lawyers would say that their ways are the ways of the English
legal system and that that the Treasury Solicitor Department in the UK
represents British government ministers without the knowledge of the
minister who is being sued in the Administrative Court, a Division of
the Queen’s Bench.
That proposing is persuasive but not convincing because the Treasury Solicitor Department [TSol] is a government department, within the Attorney General Office and so therefore, the Department would have a record of those who represent ministers in legal or judicial proceedings.
But many of those legal practitioners in Nigeria who swear oaths in the name of the Attorney General or assume his persona are not members of staff in the AG’s Office. They are mostly ambulance chasers in private practice. What a disgracefully criminal thing to do?
Additional information
For the benefit of new visitors, please visit the PLC Party. Click Law
in Practice. Read all about one Rodger Lutterodt – this is a guy who,
for 10 years appeared before 12 Lord Justices while claiming to be a
“Solicitor of the Supreme Court”. He did a lot of damage to many people.
Lutterodt, an African from Ghana, a mere clerk in a Pension office in
London, was also responsible for a “vexatious litigant order” made
against a former Nigerian Judge.
To follow
Further and better particulars of legal practitioners who appeared on
behalf of the Attorney General, and on behalf of the Minister of Foreign
Affairs and who entered into an agreement with lawyers representing a
foreign airline to pervert the cause of public justice.