From the Wright Brothers to Ezeugwa

Book Review

Title: Aviation LAW and PRACTICE in Nigeria

Author: Ugo Ezeugwa

Publisher: Princeton & Associates

Hardcover: ISBN 978-978-58907-8-5

Number of Pages: : 1020

Year of Publication: 2021

Introduction

Has flying come full circle? I believe the answer is ‘yes’, at least, in Nigeria. The proof is Ugo Ezeugwa’s excellent book – Aviation Law and Practice in Nigeria, which was launched recently at the Nigerian Institute of International Affairs, Lagos. In case you wonder whether this view is not mere hype, just take a quick look at its contents. “Oh my!” You will surely exclaim, I bet – in admiration; I guarantee you that. Such is the breadth of the effort and industry which the author has invested in it.

In its 22-odd chapters – split into three broad parts – the book delves effortlessly and expertly into a field marked by its obscurity. Yes, Aviation law is little-known, even by Lawyers (including its practice); and yet, its mastery is a seed that must be sown, as it could mean the difference between averting loss and making amends in the event of a mishap – God forbid.

So, with the knowledge that ignorance is bliss, we must embrace Ugo’s tome and savour it voraciously; make it a prized asset in our library and adopt its message very much as our own, not merely in our professional calling but, for ourselves and our families, friends, relatives and associates because, given its subject, we are all the same!
Suffice it to say that the value of air travel and transport is self-evident beyond conjecture, especially in these parts where incidents of near-misses and actual accidents in the aviation industry (both civilian and military) have caused much loss and suffering by every measure imaginable: human, material and financial.

Hence, in proffering industry guide-books, the more ought to be the merrier. However, I assure you that, in the case of Ugo’s book, you need look no further! Believe me, it’s that good. As I said earlier, leaf through it or, better still, let’s do it together.

Content of the Book: The Chapters

Starting with Chapter One, the Introduction, which provides the historical backdrop and foundation of the meaning of aviation and its origin, including its legal framework and its sources.

Chapter Two examines the evolution of air carriers’ liability regulations from the earliest – the Warsaw Convention – to extant Agreements and Protocols

The third Chapter is local. It unravels air carrier law in Nigeria, spanning (once again) the Warsaw Convention and its successor, and their domestication, the latter of which is the entire subject of Chapter Four, starting with the exclusivity of its regime, its scope, qualifying subjects and application.

Chapter Five of the book deals with the documentation required to be observed by consignors of air cargo and others, too. As for Chapter Six, its subject-matter – death or injury to air passengers – is probably of compelling interest to everyone, whether actual/intending passengers or not, we all want to know our rights in the event of an air-crash. All is revealed in this chapter. In both scenarios – international and domestic carriage – everything is covered in admirable detail and every possible nuance.

By contrast, Chapter Seven deals with air cargo/baggage and its entire legal regime in the event of destruction, loss or damage, including compensation and limits of liability.

Chapter Eight is a continuation of sorts, of Chapter Seven. But, it deals with delay in the delivery of passengers’ cargo or baggage, and its legal consequences in contract and tort, which Chapter Nine is devoted to discussing, including their application in aviation – the entire gamut (from concepts to remedies).

Still on contracts, this time, more specifically, Chapter Ten is devoted to common aviation contracts, of which Ugo identifies at least seven – between carrier and passenger, as well as others; all the way from fleet maintenance, finance and leasing, ground handling/warehousing, to fuel/catering supply, consignors and freight forwarders.

Chapter 11, which deals with maintaining the trend, isolates for more detailed treatment, one of the sub-items of Chapter Ten, namely, aircraft finance and leasing. Everything concerning their documentation and collaterisation is discussed, including insolvency, bankruptcy, insurance recovery and issues of tax.

The Twelfth Chapter focuses on liability. That is, of operators in the civil aviation industry. It discusses the role of local regulators, such as NCAA, NAMA & FAAN vis-à-vis operators – specifically, their rights and duties, including those of aircraft parts makers and vendors; aircraft maintenance services/surface vehicle operators, ground handling, airport security, etc.

Chapter 13 is a natural progression from Chapter 12, as both are a study in contrasts. This is because, unlike the former, the latter deals with liability for torts, essentially collateral damage inflicted by aircraft on persons or property owned by third parties in their flight-path (in-air or on the surface).

The next Chapter, which is about aviation insurance, is as comprehensive as can be, just as well – it must be said, also explains protection against loss or damage occasioned by or arising from all but, military flights. Yes, insurance is a legal obligation in an industry whose risks are sky-high.

Chapter 15 deals with negotiations, which usually attend claims in air accidents. It includes tips for parties – particularly on settlements – which the author recommends as a preferred option. Chapter 16 is similar to its predecessor. It deals with claims by cabin crew and pilots, in air accident cases. Their options are reviewed – including remedies.

The next chapter arguably holds the most interest for the public. It is aptly designated: “Consumer Protection for Air Passengers”, and it takes everything in its sweep: contingencies, legal/regulatory frameworks; applicable measures, redress mechanisms; carrier and passenger obligations – the lot in terms of regimentation.

Chapter 18 is most apposite as its subject – “Regulation of Civil Aviation” – should be music to the ears of the public. It contains anything and everything that the law deems necessary to assure passengers that it cares, either on ground or while in the air; all designed to ensure that the incidence of the subject-matter of Chapter 19 – “Air Accidents” – is practically infinitesimal. And, when they do occur, are properly addressed.

This leads neatly to Chapter 20, whose subject – “Aviation Crimes” – are sometimes responsible for air accidents. They include damaging an aircraft while in flight, passengers’ unruly/indecent behaviour, damaging airport facilities, hijacking/terrorism, etc and their counter-measures.

The penultimate chapter, that is, Chapter 21 couldn’t be more topical.

It deals with Covid-19 and its legal dimensions, vis-à-vis the aviation industry, the impact of which (despite its supposed panacea – vaccines) has been nothing short of catastrophic. It has caused massive unemployment, disrupted well- laid plans and agreements and forced everyone to go back to the drawing- board to come up with fresh ideas – to think out of the box.

The book concludes with the Lawyer’s peculiar field – Litigation! Aviation- related, of course. Here, the author is very much in his element, as his treatment of the subject is second to none. From his expert analysis and prescriptions, he leaves no one in doubt that he knows his onions – obviously, the result of hands-on experience acquired over the years.

Kudos to Ugo

So, kudos to Ugo, for boldly treading where few have ventured. Yes, because it is technically-challenging. His style of presentation flows so smoothly and sequentially, that it mimics the ideal take-off and landing, which all air passengers and crew dream of! This shows that he has mastered the field, on which he writes so eloquently, in more ways than one. The book is certainly value assured!

By the way, just in case you are puzzled by the title of this piece, the Wright Brothers were aviation pioneers, whose self-built aircraft (the Wright Flyer), is widely-credited with having made the first sustained flight by a heavier- than-air plane more than a century ago – in 1903, to be precise. The origin, then, if you must know, of Ugo’s brilliant treatise!

Abubakar D. Sani