Price: 6000 Naira

ABSTRACT


This reach work “entitled the liability Regime for Redress and Compensation for
victims of aircraft Accidents in Nigeria.” Revealed that aircraft accident is a
recurrent decimal world over, and in particular, plane crashes result in a number of
casualties, affecting both passengers and other non-passenger victims, hence the
problems of who is a victim, when does a passenger embark or disembark an aircraft
for the purpose of been compensated within the legal regime. The research work
analysed relevant provisions of the convention for the unification of certain Rules,
relating to international carriage by Air, known as Montreal Convention 1999, the
Civil Aviation Act of Nigeria 2006 and various judicial authorities within and from
outside the jurisdiction. The relevancy and the legal efficacy of the report of the
Accident investigation report is equally an existing problem affecting the
compensation regime. The research work argued for a rationality of compensating
victims in the analyses of the relevant provisions dealing with compensation of
aircraft accident in Nigeria. The research work reveals that only passenger victims
are covered by the law for the purpose of compensation while other categories of
victims are not known to law for compensation, particularly under the Montreal
Convention 1999 which gave birth to the Civil Aviation Act 2006. Similarly, it also
reveals that compensation status of passengers in a private jet and state aircrafts are
not statutorily defined as the law completely silent on the liability of private aircrafts
owners in Nigeria. The main objective of the research work using doctrinal
approach is to appraise and analyse the existing legal frame works on the liability
and compensation of passengers and non-passenger victims with the view of
providing more pragmatic and flexible legal regime that encompass all categories of
victims. Consequently, the research work among others finds that the current legal
regime did not sufficiently cover all categories of victims in terms of compensation.
It therefore recommends among others that Articles 17, 21, 28, 29, 30 of the Montreal
Convention 1999 and section 48, 49 and 39 of the Civil Aviation Act 2006 be
amended accordingly. The research work also recommend that the existing legal
regimes required legislative overhauling to widen the present scope of the liability
regime to cover more classes of victims and explicitly analyse key terms such as the
words embarking and disembarking the aircraft and put an end to the constantly
conflicting judicial interpretations of such terms. It also finds that the report of the
Accident investigation report is rendered worthless by section 29 of the 2006 Act and
that the desire of some victims to pursue higher compensation is rendered ineffective.

Advertisements

Get Complete Materials