by Legalnaija | Aug 19, 2024 | Blawg

REDEFINING LEGAL LIABILITIES AS WE TRANSITION FROM FOSSIL FUEL AIRCRAFT TO ELECTRIC AIRCRAFT. By Stanley Monday Gonji, Esq
The world is experiencing technological transformation from conventional processes of solving problems to advancement in the use of technology in offering solutions to complex challenges. One of the areas we can see the speed in transitioning is in the area of transportation. The aviation industry is one aspect of the transportation industry that has experience and is still adopting new technology in its operations to ensure safety.
As the aviation industry transitions from fossil fuel-powered conventional aircraft to electric aircraft, it is pertinent to state that legal liabilities will need to be redefined to account for the unique challenges and risks that will be posed by new technologies such as the electric aircraft. This redefinition cuts several areas, such as product liability, operational liability, regulatory compliance, environmental liability, and the evolution of legal standards.
On the other hand, Liabilities in the context of aviation accidents, whether involving fossil fuel-powered or electric aircraft, connotes the legal responsibilities that different parties may incur when something goes wrong. These liabilities can be financial, legal, or operational and can involve various stakeholders, including manufacturers, operators, pilots, maintenance providers, and regulatory bodies. As the aviation industry transitions to electric aircraft, the nature of these liabilities is evolving. As regards manufacturers liability, Manufacturers of both fossil fuel and electric aircraft can be held liable if a defect in the design or manufacturing process leads to an accident. Meanwhile, for electric aircraft, the major and most common challenge will be the challenge of batteries, electric motors, or software systems that control the aircraft. It must be clearly stated that manufacturers of electric aircraft have a duty to warn users about potential risks associated with their products. If they fail to adequately warn about risks specific to electric aircraft, such as battery fires, they could be liable for resulting damages.
On the aspect of operational failure, usually, airline operators and companies or other stakeholders that operate aircraft can be held liable in cases of accidents that result from operational negligence or error culminating pilot mistake or inadequate maintenance. With the invention of electric aircraft, operators may face additional liabilities related to the unique operational guidelines of these aircraft, principal among which are battery management and energy efficiency. Consequently, liabilities can spring in the area of training and procedure, where operators do no adequately train their manpower on the specific requirements of electric aircraft or refuse to implement all the necessary safety procedures to be adopted by personnel, they could be held liable for accidents that occurred in any event as a result of these oversight.
Again, with regards to pilot liability, it should be noted that Pilots can be personally liable for accidents that occurred as a result of their own negligence or mistakes. Usually, liability incurred as a result of pilot error is typically covered by insurance, however, pilots must adapt to new training and operational standards associated with electric aircraft to avoid additional risks. To adequately curtail such liabilities, it must be noted that as electric aircraft may have different handling characteristics and operational procedures compared to fossil fuel aircraft, pilots could face liability as a result of human error if they fail to adapt to these differences or if their lack of familiarity with the technology of the electric aircraft contributes to an accident.
On the issue of maintenance provider liability, note that maintenance providers in the aviation industry are responsible for ensuring that aircraft are properly maintained. It is their duty to ensure that they carry out proper inspection and repairs of all components to meet safety standards. Meanwhile, with electric aircraft, these responsibilities will be extended to capture new areas such as battery health, electric propulsion systems, and software updates. Here liabilities can ensue if maintenance providers fail to adhere or follow proper procedures as well as intentionally fail to identify potential faulty issues with the aircraft components. Consequently, if a component fails due to improper maintenance thereby leading to an accident, the maintenance provider will be held liable for damages resulting from such accidents.
Again, regulatory liability can arise if there is failure of compliance with safety regulations. Prior to the invention of electric aircraft, Regulatory bodies like International civil Aviation Organization, ICAO , International Air Transport Association IATA, Federal Aviation Administration FAA, and Federal Airport Authority of Nigeria FAAN, etc. set the safety standards that aircraft operators and manufacturers must follow. In situations where an accident occurs due to failure to adhere or meet these standards, there could be liability for both the operators who failed to comply and, potentially, the regulatory body if it is found to have been negligent in enforcing or updating regulations, especially as new technologies such as electric aircraft are introduced. Note that with regards to certification and oversight, The transition to electric aircraft will involve new certification processes for different systems in the aviation industry, such as batteries and new software. Regulators must ensure that these new standards are rigorously applied and implemented. Failure of which can result in legal liabilities if inadequately certified aircraft contribute or are involved in an accident.
Satisfactorily, the writer posits that While electric aircraft are generally seen as environmentally friendlier than fossil fuel conventional aircraft, they are not without environmental risks. Companies involved in manufacturing and handling of these aircraft could face liability for environmental damage caused by the production, use, or disposal of batteries especially where such damages ensues. Due to the transitioning from fossil fuel aircraft to electric aircraft, it should be noted that insurance policies will have to adapt completely to cover new risks, especially risks that are associated with battery technology, new software vulnerability. Where there is failure to provide appropriate insurance to cover these areas, it can leave operators and manufacturers exposed to high financial liabilities where accidents occur.
In conclusion, as we all are set to embrace the advent of these new technology, to as one of the ways through which we can adequately manage the issue of environmental challenge ranging from global warming to greenhouse gasses emission control, it is pertinent to state that legal liabilities are being redefined across multiple dimensions.it is a call to all Stakeholders to understand and address these emerging liabilities to mitigate risks and ensure that we are prepared for the legal implications of this technological shift. This demand that we should adapt existing legal frameworks and develop new standards guidelines and practices to address the unique challenges posed by electric aviation.
by Legalnaija | Aug 18, 2024 | Blawg, Book

Criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. A lawyer who specializes in criminal law; especially : a lawyer who represents defendants in criminal cases is regarded as a criminal lawyer, or a criminal law practitioner. If you are criminal law practitioner in Nigeria, here are a few books on the Legalnaija Lawyers Bookstore that can help you develop your library and practice area.
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- Criminal Procedure Act 2004 which is available here; https://legalnaija.com/product/criminal-procedure-act-2004/
- Fatal Blunders And Considerations In Criminal Trial by K.P Ikoroha is available here https://legalnaija.com/product/fatal-blunders-and-considerations-in-criminal-trial/
- Administration of Criminal Justice Act Annotated by A.M Adebayo is available here https://legalnaija.com/product/administration-of-criminal-justice-act-annotated/
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- Human Rights in Nigeria: Law Practice & International Perspectives by Simon Uchenna Ortuanya is available here; https://legalnaija.com/product/human-rights-in-nigeria-law-practice-international-perpectives/
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www.legalnaija.com
by Legalnaija | Aug 9, 2024 | Blawg

Registration for the LAGOS Edition now open! Following the resounding success of the inaugural course held in Abuja, applications are now being accepted for the Certificate of Advanced Studies in International Law & Diplomacy Course to be held in Lagos from October 16-22, 2024. Early bird deadline: 15 September 2024.
More info: https://ilanigeria.org.ng/casil
#ILANigeria #sdgs #law #Internationallaw
by Legalnaija | Aug 8, 2024 | Blawg
Groundbreaking Alliances to Simplify Travel and Relocation for Study, Work, and Busines
In an exciting development poised to transform international travel and relocation, Dr. Prince Joel, Senior Partner at Prince Joel & Associates, has unveiled a series of strategic partnerships with premier immigration law firms in Canada, Luxembourg, the United States, Switzerland, and Kuwait. This unprecedented initiative aims to streamline the processes of moving to these top global destinations for study, work, business, or tourism, making international transitions smoother and more efficient.
A New Era in Global Relocation
Dr. Prince Joel’s innovative approach is set to reshape how individuals navigate international relocation. By partnering with leading firms across five key regions, this initiative addresses the complexities of moving to these countries, offering seamless solutions for various purposes—whether for educational pursuits, career opportunities, business ventures, or travel.
Strategic Partnerships to Enhance Global Mobility
The new alliances bring a wealth of benefits to those seeking to relocate or travel internationally:
– Nava Elmi’s Law Firm (Canada): This partnership enhances support for those moving to Canada for study or work. “Our collaboration with Nava Elmi’s Law Firm will simplify the relocation process to Canada, making it easier for individuals to pursue their academic and professional goals,” said Dr. Joel.
– CERNO S.à r.l. (Luxembourg): The agreement with CERNO aims to provide comprehensive support for relocation to Luxembourg, whether for business or leisure. “Joining forces with CERNO S.à r.l. allows us to offer seamless solutions for those traveling to Luxembourg for various purposes,” Dr. Joel explained.
– Johnson & Associates PC (USA): This strategic alliance focuses on facilitating U.S. immigration for work, study, or business. “We are thrilled to work with Johnson & Associates PC to make U.S. relocation more accessible and efficient for our clients,” noted Dr. Joel.
– JCMS & Associés (Switzerland): The partnership with JCMS & Associés is set to enhance relocation support to Switzerland, catering to both business and personal needs. “Our collaboration with JCMS & Associés will ensure a smooth transition for those moving to Switzerland for business or tourism,” added Dr. Joel.
– Al-Itqan Legal Group (Kuwait): This new alliance supports those seeking to relocate to Kuwait, providing robust legal assistance for both business and travel. “The partnership with Al-Itqan Legal Group represents a significant step in easing the relocation process to Kuwait,” Dr. Joel stated.
Key Benefits of the New Partnerships
These strategic collaborations are designed to offer numerous advantages:
– Streamlined Processes: The combined expertise of these firms will simplify complex relocation procedures, making it easier for individuals to move internationally. “Our aim is to make the relocation process as smooth and efficient as possible,” Dr. Joel emphasized.
– Enhanced Support: Individuals will benefit from tailored legal guidance from experts in each partner country, ensuring top-tier support for various relocation needs. “Tailored support is crucial for overcoming the challenges of moving to a new country,” Dr. Joel noted.
– Comprehensive Solutions: The partnerships promise thorough assistance for study, work, business, and tourism, addressing all aspects of international relocation. “Providing comprehensive solutions is key to managing the complexities of global moves,” Dr. Joel added.
– Increased Opportunities: The new network of partnerships opens exciting opportunities for individuals seeking to study, work, or travel abroad, facilitating visa and residency processes. “We’re opening new doors for those looking to explore international opportunities,” Dr. Joel concluded.
A Vision for Seamless Global Transitions
Dr. Prince Joel’s latest initiative represents a bold step towards making global relocation more accessible and seamless. “These partnerships not only enhance our capabilities but also simplify the process of moving to some of the world’s most sought-after destinations,” Dr. Joel said. “We are committed to providing unparalleled support and creating opportunities for success in international relocations.”
About Prince Joel & Associates
Prince Joel & Associates is a leading Nigerian law firm specializing in immigration and relocation services, real estate, infrastructure, and expatriate management. Known for its innovative solutions and commitment to excellence, the firm continues to set new standards in global relocation.
by Legalnaija | Jul 19, 2024 | ADR, Blawg

The ICC Nigeria Commission On Arbitration And ADR’s meeting on the 19th of July, 2024 in Lagos was hosted by the Candide Johnson Law Practice formerly known as Strachan Partners. The meeting was well attended by members of the Commission including its Chair, Mrs. Dorothy Ufot SAN, Mr. Yemi Candide – Johnson, Funke Adekoya SAN, Mr. Olisa Agbakoba SAN, Mrs Olubunmi Osuntuyi and a host of other members.
The Commission delivered its report on its membership; the 1st ICC Nigeria Arbitration Days Conference, the change of leadership at the ICC and ICC Nigeria; its Annual General Meeting as well as updates on the ICC Commission on Arbitration and ADR.
According to the report by the Chair of the Commission and the ICC Secretariat, ICC Nigeria continues to raise the Bar among its global peers, especially as many of its members continue to hold top positions at the International Chamber of Commerce. Also the Commission continues to champion Nigeria as an emerging Arbitration Hub especially as it boasts of several highly qualified arbitrators who have been appointed to very complex disputes in various sectors including oil and gas, construction and telecommunications.

Several members including the host Mr. Yemi Candide – Johnson SAN and Mr. Olisa Agbakoba SAN lauded the Commission for the great work its been doing. Mr. Candide – Johnson SAN also emphasized the essential role arbitration plays in resolving disputes and alleviating the pressure on the Courts.
The ICC Commission on Arbitration and ADR plays a pivotal role in advancing the field of dispute resolution. Let’s delve into how it continues to raise the bar:
- Thought Leadership: As a unique think tank within ICC Dispute Resolution Services, the Commission pools expertise and fosters awareness on practical and legal issues in arbitration and ADR. By staying at the forefront of developments, it contributes valuable insights to the global community.
- Research and Guidance: The Commission conducts in-depth research on legal, procedural, and practical aspects of arbitration and ADR. Its work results in concrete guidance, recommendations, and model clauses. These are often included in practical reports and guides published by the ICC, benefiting practitioners worldwide.
- Global Membership: With hundreds of members, the Commission comprises lawyers, in-house counsel, arbitrators, mediators, and experts in dispute resolution. Their diverse perspectives enrich the Commission’s work.
In summary, the ICC Nigeria Commission on Arbitration and ADR remains committed to excellence, shaping the future of dispute resolution through thought leadership and practical contributions.
by Legalnaija | Jul 14, 2024 | Blawg
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by Legalnaija | Jul 13, 2024 | Blawg
Chukwuemeka Mbamala: Financial Excellence in the NBA, A Vital Imperative
As legal professionals, we understand that financial management is the backbone of any successful organization. The NBA, as a representative body for lawyers in Nigeria, must uphold the highest standards of financial transparency, accountability, and efficiency. Here’s why:
1. Resource Allocation: The NBA manages substantial funds, including membership dues, conference fees, and grants. Proper allocation ensures that these resources benefit members, support legal education, and promote justice.
2. Infrastructure and Services: Financial excellence allows the NBA to invest in infrastructure, technology, and member services. From maintaining physical spaces to enhancing digital platforms, these investments directly impact our legal community.
3. Advocacy and Representation: Financial stability empowers the NBA to advocate effectively for lawyers’ rights, engage in legislative processes, and represent our interests at national and international levels.
4. Professional Development: Continuing legal education, workshops, and conferences rely on sound financial planning. These opportunities enhance lawyers’ skills and contribute to the overall growth of the legal profession.
5. Public Perception: Transparent financial practices build trust with members and the public. When we demonstrate fiscal responsibility, we strengthen our credibility as legal practitioners.
Why Chukwuemeka Mbamala?
Chukwuemeka Mbamala brings a wealth of experience and vision to the role of NBA Treasurer:
Financial Acumen: Mbamala has demonstrated an understanding of financial matters. His track record speaks to his ability to manage resources effectively.
Innovation: Mbamala envisions a technologically advanced NBA, where financial processes are streamlined, accessible, and efficient. His proposals include digital platforms for financial reporting and transparency.
Collaboration: Mbamala believes in collaboration with other NBA executives, committees, and stakeholders. His inclusive approach ensures that financial decisions align with the broader goals of the association.
Integrity: Mbamala’s commitment to ethical conduct and accountability is unwavering. He pledges to uphold the highest standards in financial management.
Vote for Mbamala: Let’s choose a Treasurer who will safeguard our resources, drive financial excellence, and elevate the NBA. Together, we can build a stronger legal community. #MbamalaForTreasurer #NBA2024
by Legalnaija | Jul 10, 2024 | Blawg
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Founder, Legalnaija
by Legalnaija | Jul 8, 2024 | Blawg

The inaugural ICC Nigeria International Arbitration Days took place on July 3rd and 4th of July, 2024. During this conference, delegates engaged in discussions on various topical issues related to the practice and development of International Arbitration and Alternative Dispute Resolution (ADR) in Nigeria. It commenced with the welcome addresses given by the Chairman of the international Chamber of Commerce Mr Babatunde Savage FCA, the chair person of ICC Nigeria commission on arbitration and ADR, Professor Mrs Dorothy Ufot SAN and Alexander Fessas,the Secretary General ICC International Court of arbitration.
Notably, Mr. Alexander Fessas, the Secretary General of the ICC International Court of Arbitration, acknowledged Nigeria’s efforts in hosting the Africa Regional conferences for the past seven years. This year, the Africa Regional conference took place in Nairobi, Kenya, aligning with ICC’s policy to expand its reach into other parts of Africa, particularly East Africa. Additionally, Mr. Babatunde Savage FCA, Chairman of the International Chamber of Commerce Nigeria, emphasized Nigeria’s openness for international arbitration business. He called upon federal and state governments to involve Nigerian arbitrators and enhance local content in international arbitration.

Overall, the conference provided valuable insights and fostered dialogue on the prospects of arbitration and ADR in emerging international arbitration hubs, benefiting participants and contributing to the growth of dispute resolution in Nigeria.
The chair of ICC Nigeria Arbitration Committee, Mrs. Dorothy Ufot SAN noted the dangers of corruption on arbitration and its effects. The President of the Nigerian Bar Association, Mr. YC Maikyau also gave his good will message and congratulated ICC Nigeria on its first inaugural ICC arbitration days. He thanked the ICC for the capacity building work that it has done over the years with respect to Nigerian legal practitioners. In attendance was also the Attorney General of Lagos State, Mr. Lawal Pedro, Senior Advocate of Nigeria who formerly opened the conference on behalf of the governor of Lagos State, His Excellency Mr Babatunde Sanwo Olu. After the opening ceremony there five sessions on various topics that interrogated the prospects and challenges of international arbitration in emerging market, investment treaty disputes, technology intervention in arbitration and AI, ethical considerations and the future of international arbitration.

The second day of the ICC Nigeria Arbitration Days commenced with a plenary session that looked into unlocking the potentials of the blue economy particularly the opportunities inherent for maritime Arbitrators. Other sessions looked into capacity building of arbitration practitioners, enforcement of arbitral awards, promoting diversity and inclusion and the role of in-house counsel in international arbitration.
Several thought-provoking discussions and points to note are that:
- There is a steady increase in the contributions from African parties reflecting Africa’s expanding role in the international arbitration space and this is a welcome to development.
- Networking is important for the career development of arbitration practitioners but even more important is for the arbitrator to be clear on what services they are capable of rendering when they connect and network.

- That investment arbitration is evolving and there are new considerations such as corporate behaviour, environmental, social and governance considerations.
- Artificial intelligence is not going to replace human beings anytime soon as it cannot for now replicate human emotional intelligence nor does it have the cognizance of cultural nuances. However it is important to understand even though AI has its limits it has several areas where it can help in the efficient running of the arbitral process.
- Dedicated courts or judges will help address a number of issues in domestic and international arbitration in Nigeria from helping the arbitration process to ensuring ethical standards are maintained.

- There is a need for the Nigerian government to develop the maritime industry and the blue economy by putting down the right strategies as increased maritime business will increase the avenue for more maritime dispute resolution work.
- Mentorship must be deliberate on the part of the mentee and focused on professional, personal and business development.
- Enforcement of arbitral awards must be done with the understanding that it is important that Nigeria is seen as an arbitration friendly jurisdiction.

- Diversity and Inclusion is not just gender specific but also covers other areas such as race and age.
- There must be a collective willingness to make international arbitration work in Nigeria not just the laws but also the practice.
See more photos below;





by Legalnaija | Jul 8, 2024 | Blawg
NBAAGC PRESIDENT’S CUP: 2 Million Naira Up For Grabs
Join the Excitement at the NBA 2024 Annual General Conference Football Tournament!
Get ready to showcase your athletic prowess and competitive spirit at the 2024 Annual General Conference of the Nigerian Bar Association.
This year’s conference promises not only intellectual stimulation but also an array of thrilling sports activities designed to foster camaraderie and healthy competition. Chief among these is the highly anticipated football tournament—the President’s Cup.
With 2 million Naira up for grabs, competitors finishing in 2nd and 3rd place will also receive substantial prizes.
**FOOTBALL PRIZE MONEY (MALE & FEMALE CATEGORIES):**
– 1st Prize – N2,000,000
– 2nd Prize – N1,500,000
– 3rd Prize – N1,000,000
Registration is currently ongoing at: [www.nigerianbar.org.ng/conference](https://www.nigerianbar.org.ng/conference) or send an email to agcpcsports@nigerianbar.org.ng.
Registration Timeline: Wednesday, 12th June 2024 to Friday, 12th July 2024
For enquiries, please contact:
– Tony Atata, Chair, NBA AGC 2024 Sports Sub-committee: *08032163006*
– Olujimi Olujide-Poko: *07065455869*
– Farida Umar Usman, Secretary, NBA AGC 2024 Sports Sub-committee: *08035811935
Do not miss out on this fantastic opportunity to engage with fellow lawyers outside the courtroom and enjoy a memorable conference experience filled with sportsmanship and networking. You can register for the 2024 Annual General Conference [here](https://www.nigerianbar.org.ng/conference).
Stay connected and follow us for updates:
– Twitter: @nbaconferenceNG
– Instagram: @nbaconference2024
– Hashtags: #nbaconference2024 #PressingForward