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LEGAL REMEDIES FOR DELAYED FLIGHTS by Sogo Akinola

LEGAL REMEDIES FOR DELAYED FLIGHTS by Sogo Akinola

by | Sep 7, 2015 | Uncategorized

Credits – punch.com
                              
Air travelers in Nigeria oftentimes have been cheated by airline
operators by delays without explanation, loss of baggage and unruly behaviour
from both on-ground and cabin crew members just to name a few. Most Nigerians
go through these hurdles everyday without the simplest apology from the
airlines.
Many airline passengers
are not conscious of the fact that they can be helped by the Nigerian Civil
Aviation Authority (NCAA) when airlines infringe on their rights especially issues
regarding delayed flights.

For
a passenger who has booked a flight departing and landing within the domestic
territory of Nigeria and has confirmed reservation on the flight and also check
in at the scheduled time or no later than 1 hour before departure time is
protected by Part 19 of the NCAA Consumer Protection Regulations which provides for Passengers’
Rights and Responsibilities and Airlines’ Obligations to Passengers. It
addresses consumer protection issues, including, compensation for denied
boarding, delays and cancellations of flights.
For
domestic flights, when an operating air carrier reasonably expects a flight to
be delayed beyond its scheduled time of departure, it shall provide the
passengers with reason(s) for the delay within 30 minutes after the scheduled
departure time and the assistance of:
(i)
     After 
two hours, refreshments such as water, soft drinks, confectioneries /
snacks and access to telephone calls, SMS and E-mails.
(ii)
    Beyond two hours, immediate
reimbursement of flight fare in cash.
(iii)    Between
the hours of 10pm till 4am, or at a time when the airport is closed at the
point of departure or final destination, the assistance of a meal, hotel
accommodation and transport between the airport and place of accommodation
(hotel or other accommodation) must be provided.
Aside
the immediate reimbursement in cash, the passenger can claim from 25% of the flight fare as compensation.
Complaint
Procedure
Every
airline shall have a designated officer for the purpose of receiving and
resolving complaints from its passengers. Such designated officers may liaise
with the Authority where necessary.
A Passenger may make a complaint with the Authority against an
airline in relation to the breach of air passenger rights as provided in the
Regulations by filling and submitting a Complaint Form(available online and at
all airports), after the consumer must have notified the air carrier of such a
breach and the complaint remains unresolved.
A
complaint shall be made in writing or electronically and transmitted to the
Authority.
          Every complaint shall be accompanied
by:
(i)
     A copy of the airline ticket (where
applicable);
(ii)
    A copy of the letter to the air
carrier stating a claim for breach of air passenger rights;
(iii)
   Any response or responses or
correspondence thereto;
(iv)
    Any other relevant document(s).
If
the Consumer Protection Directorate of the NCAA rejects your review, you may
refer the matter to the Consumer Protection Council (CPC). Finally, if the CPC
fails to uphold your complaint, you may take the matter to Federal High court. 
The airlines and
operators have responsibilities to make sure that the service they provide is
of quality. When next your flight is delayed simply smile back to the bank, it
is very easy.
BY- Sogo Akinola 

OPINION: The Imperativeness of Justice in Nigeria: Fact or Fiction? by Arikor Ogonnaya

OPINION: The Imperativeness of Justice in Nigeria: Fact or Fiction? by Arikor Ogonnaya

by | Sep 4, 2015 | Uncategorized


Credits- Google


 “Do for others what you want them
to do for you: this is the meaning of the Ancient Laws of Moses and the
teachings of the prophets.” (Matt. 7:12. Good News Bible.)

Retribution
and reparation remain the two principal concepts behind establishing any
criminal justice system. The final end, cause or design of men, who naturally
love dominion and liberty, is the introduction of some restraint upon them, the
ultimate purpose which is for the preservation of their lives. Man is miserably
entangled in the web of deliberate amity, such that if left to his noxious whims,
he might inevitably self-destruct.

However
most Nigerians would reach the obvious conclusion, upon the slightest instance,
that justice is a rare commodity or a reserved luxury meant only for the sole enjoyment
and pleasure of the rich in Nigeria. As a poor person, don’t even bother about
dreaming of justice for you were not meant to be compatible with the concept of
justice. But it may peradventure interest the proponents of such idea that
justice can never be bought nor delayed; natural justice, that is. The truth
remains that you must reap what you sow. The conspicuous certainty is there. What
any individual who has bribed the criminal justice system simply got was the
human justice which has a temporary alignment. When the time eventually comes,
nature must take its due cut, and there can be no bargaining with that. As for
the law, it will remain blind if the ultimate goal were not justice.
Maybe
I am speaking Greek or Latin. With the constant news and instances of bribery,
corruption and intimidation emanating daily from our justice system; the clear
cases of ‘big’ men and politicians going scot free after it is clearly
established that they had brazenly stolen public wealth. Where and how then can
one claim that the much needed justice has been achieved in such cases? Sadly, it
is a world renowned fact that Nigeria is corrupt; the world has taken due
notice of this fact. On the contrary, however, virtually not all the cases of
corruption go unpunished. I stand to be corrected. Granted, such individuals
might have gotten some form of reprieve, but such reprieve lasts only as long
as nature is asleep. And when nature awakes, which must be sooner than not, apparently
such individuals must face the consequences of their actions.
The
laws of nature are totally unlike the laws of men. What man might think he’s
escaped with the fallible and corruptible laws of men, nature has that thing around
the corner waiting for him. What some people don’t understand is that former
Delta State governor James Ibori is currently facing the consequence of his
actions committed while in office, one way or the other. Even though the
Nigerian criminal justice system has failed in this regard, that doesn’t mean
another would fail. Same for many others like Ibori. The huge volume of adverse
publicity and public shaming they are getting from being harassed by law
enforcement alone and the subsequent extra-large amount of the inner turmoil they
undergo tell of the fact that nature is taking its course. There can never be
peace for the wicked.  
A
friend of mine staunchly posits on the side that Karma’ is really not in existence, that it remains a creation of our
imagination; something which merely exists in dreams and fantasies. Apparently,
his view that Karma is hastened by
the fact that nobody has ever seen ‘Karma’
to know the form and structure he/she/it took; none can tell if ‘Karma’ were a he, she, or even sexless.
Hence the staunch insistence that Karma is not, and has never been in
existence. It would be pointless trying to argue against such view, though. The
result of such argument understandably will be ambiguous.
But
in order to cut a long story short, it is my belief that ‘Karma’ does indeed exists, and it remains very much alive, though
in what form or sex, I can’t tell. A simple illustration will suffice here: Once, a man living abroad sent some money to
be used in constructing a house for him back here in Nigeria. Because of the obvious
untrustworthiness which has pervaded social and family unions, he sought the
services of a professional building expert to build the house. The construction
engineer consulted, as is the norm of some, used the most inferior materials he
could lay his hands on in building the house. Upon arrival, the owner saw how very
beautiful and lovely the house looked. For having nothing to appreciate the
engineer, the owner there and then, during the house warming gifted the house
to the engineer. Immediately the engineer began crying profusely, and only then
did he confessed that he used inferior materials that might soon collapse the house.
Of course, anyone is free to draw whatever moral he/she’d to draw from the
above story but it is certain that whatever evil we may plan for others would
only boomerang at us one way or the other. Our Karmas are personal and they are
real.
Left
for man to impassionately or impartially judge between men, only a handful or
so can successfully deal equally between men without the negative complexities
of intrigues or the express likelihood of bias. That is to be expected for it
is mans’ nature to be swayed by emotions or filial or social affinities. Man
has always tended to cripple the law for his unjust demands. There are few
things that are incapable of swaying men, and they might not be found amongst
us here. That notwithstanding, it is not to be said then that justice can
permanently be denied.  
The
experience of sister countries has provided us with a vivid opportunity to see
how well justice is the underlining factor of human existence and human
relationships. The realization of justice in Nigeria, however, requires more
than the adoption of aspirational laws. It requires a critical reassessment of
the reasons underlying our flawed criminal justice system. The starting point
could be a revamp of the wrong legacies which we’ve imbibed down the years.
Efforts must be made to unlearn the lessons already learnt. More significantly,
however, Nigerians must come to expect that justice in practice will reflect
justice on the books. Only then will the concept of justice move beyond the
books, and into the lives Nigerians.
 Conclusively then, I will state categorically
that though the wheels of justice may be slow to grind, nevertheless they
surely must grind one way or the other. Retribution and reparation must be done
to any who transgresses. We just can not escape the inevitability of it. If
further proof be needed for the assertion that justice must run its due course,
the spherical nature of our globe is a pointer to that fact. What goes around,
comes around. Albeit it is a fact of life that anyone who has done wrong must
get his full measure back. No matter the time it will take, but it must surely
happen, one way or the other. Hence, I leave you with these instructive words
of the late reggae legend, Lucky Dube, “Be
good to the people on your way up the ladder because you’d meet them on your
way down. That’s the way life is.”
WRITTEN
BY ARIKOR OGONNAYA.
ADMINSTRATION OF CRIMINAL JUSTICE LAW IN FEDERAL COURTS

ADMINSTRATION OF CRIMINAL JUSTICE LAW IN FEDERAL COURTS

by | Sep 3, 2015 | Uncategorized

Credits – Google
The justice system in Nigeria has been plagued
with several factors which have contributed to the slow and unsteady grinding
of the law especially as regards criminal matters. These factors which seemed
institutional have led to the propositions of various strategies for reforming
the ailing system of administration of justice in Nigeria. Gladly, the
Administration of Criminal Justice Act 2015 has brought those reforms to the
fore.
For the purposes of criminal jurisdiction,
Nigeria is divided into the North and the South. The criminal justice system in
the north was based on the provisions of the Criminal Procedure Code (CPC)
while the south had its criminal administrative system based on the Criminal
Procedure Act (CPA). However the Administration of Criminal Justice Act 2015 merged
the Criminal Procedure Act (CPA), Criminal Procedure Northern State Act 2004 and
CPC into one principal Federal Enactment to apply to all Federal Courts across the
federation.

 There are numerous laws contained in the ACJA
2015 which are welcome and have been needed for a very long time. A study of
these provisions reveal the aim of the Act is to promote efficient management of
the criminal justice institutions, ensure speedy dispensation of justice, protect
the society from crime and preserve the rights and interests of defendants and victims
of crime.
 For instance, it was the culture of the police
to arrest a family member or kin in place of an accused person, however, Section
7 of the ACJA which deals with arrest prohibits arrest in lieu. This means a
person shall not be arrested in place of a suspect. Furthermore, the Police
have been accused of torture and inhuman treatment in the past hence the Act in
Section 8 also provides that a suspect shall be accorded humane treatment
having regards to the dignity of his person and shall not be subjected to any
form of torture, cruel, inhuman or degrading treatment.
 It was a normal phenomenon for accused persons
to allege torture by the police before making confessional statements hence the
provision of S. 15 (4) ACJA provides for – electronic recording of confessional
statement on video or any other audio visual means. This is to curb the
allegations of violence on suspects while in custody and to prove the
voluntariness of that statement in court.
 S.24 (1) ACJA also in a bid to prevent
congestion of police stations and detention centers provides for – the Chief Magistrate or where there is no Chief
Magistrate within the police division any magistrate designated by the Chief
Judge for that purpose, shall at least every month, conduct an inspection of
police stations or other places of detention within his territorial jurisdiction
other than the prison.
 Section 270 also brings about the introduction
of plea bargaining – The Act states that – the defence can write to the
Attorney General for plea bargain; the prosecution may enter into plea
bargaining with the defendant, with the consent of the victim or his
representative during or after the presentation of the evidence of the prosecution,
but before the presentation of the evidence of the defence. Also the IPO must
also be informed of the plea bargaining agreement.
 S. 293 -296 of the ACJA provides that a
suspect shall not be remanded for not more than 14 days at first instance and renewable
for a time not exceeding fourteen days where “good cause” is shown. At the
expiration of the remand order, if Legal Advice is still not issued, the court
shall issue hearing note to the Inspector General of Police and Attorney
General of the Federation or the Commissioner of Police or any other authority
in whose custody the suspect is remanded to inquire into the position of things and adjourn for
another period not exceeding fourteen days for the above mentioned officials to
come and explain why the suspect should not be released unconditionally.
Where good cause is shown, the court shall
remand for a period not exceeding fourteen days for arraignment of the suspect
and where good cause is not shown, the court shall have power to discharge and
release the suspect.
S.396 (7) ACJA – checkmates the effect of
elevation to the court of appeal from the high court wherein judges who had
been elevated will leave all case files and pending suits before their courts
behind, matters which are usually reassigned to other judges and directed to
start afresh. This is indeed another novel provision in the ACJA. Section 396
(7) ACJA provides that a High Court Judge elevated to the Court of Appeal shall
have the discretion to continue to sit as an High Court Judge only for the
purpose of concluding any part- heard criminal matter pending before him at the
time of his elevation and shall conclude the same within a reasonable time.
Sadly the ACJA applies to Federal Courts and
the F.C.T, meaning not the provisions will not be applicable to states and
state high courts, however Lagos State has passed its own Administration of
Criminal Justice Law which is similar to the ACJA. It is recommended that other
states adopt the provisions of the ACJA and ignore the provisions of the CPA
and CPC which have become old and archaic.
Adedunmade Onibokun, Esq.
dunmadeo@yahoo.com
@adedunmade/twitter
QUOTE

QUOTE

by | Sep 3, 2015 | Uncategorized

Credits – Dailypostng.com
The words of the then Speaker of the Nigerian House of
Representatives, Rt. Hon. Aminu Waziri Tambuwal at the public hearing of the
bill for the enactment of the administration of Criminal Justice Bill vividly
captures the need for continuous judicial reform of any nation.
 “….human society is dynamic; the system of administration
of justice cannot be static but must be improved to create more effective and
efficient mechanisms, procedures and institutions for dealing with the new
realities and challenges in the society. This is because it is impossible to
have a sound economy without a solid foundation of good laws that can curb
anti-social behaviours and other disruptive tendencies. As we develop plans and
strategies for the economic and other forms of reforms, we also need to develop
plans and programs for creating sound laws and procedural systems consistent
with our commitment to our legislative agenda.”

 From: Presentation at the
Nigerian Bar Association Annual general conference, Abuja 2015 on Current
Developments in Judicial Reforms in Nigeria by Obi Okwusogu, S.A.N, Fciarb
XENOPHOBIC LAWS IN NIGERIA

XENOPHOBIC LAWS IN NIGERIA

by | Sep 1, 2015 | Uncategorized


Credits – dailymaverick.co.za

 South
Africa was in the spot light a few months ago after the Zulu king, Goodwill
Zwelithini, was reported to have said that foreigners “should pack their
bags and go back home”. The king later denied making those comments but
within days the violence had spread to the country’s most populous city Johannesburg.
The comment led to the harassment, assault and in some extreme cases the death
of persons who were immigrants in South Africa. These violent act was
criticized the world over and thankfully the South-African authorities were
able to get things under control, though a lot of damage had already been done.
Xenophobia
can be described as the fear of strangers or foreigners. In Nigeria, there have
been tensions between various ethnic groups in the past, some resulting in
violence. Nigeria’s online community is very active and can cause an issue or
comment to trend in a very short time, thus imagine a situation where a
xenophobic comment is shared and allowed to trend, this could pose a major
problem for everyone. That’s why our laws prohibit xenophobic or racist
comments even on online media.

  

Credits – cnn.com
The
Cybercrime (prohibition, prevention,etc) Act 2015 in Section 26 provides that any
person who with intent distributes any racist or xenophobic material to the
public through a computer system or network or insults or threatens persons for
the reason that they belong to a group distinguished by race, colour, descent,
national or ethnic origin, as well as, religion or who distributes material
which denies or approves or justifies acts constituting genocide or crimes
against humanity shall be liable on conviction to 5 years in prison or to a
fine not less than N10,000,000 (Ten Million Naira) or both”.
For
the sake of interpreting the law and trying to figure what can constitute a genocides
or xenophobic material, genocide means acts committed with intent to destroy in
whole or in part, a national, ethnic, racial or religious group. Racist or
xenophobic material on the other hand means any written or printed material or
any image which advocates, promotes or incites hatred, discrimination or
violence against any group or individuals. 
It
is quite important that while tweeting and sharing on the web, we should be
careful not to make any inciting, racist or xenophobic statements. Not to also ignore the criminal liability that comes with assaulting another person or inciting others to commit assault.

Adedunmade
Onibokun, Esq
@adedunmade