From The Wright Brothers To Ezeugwa

By Abubakar D. Sani, Esq.

Has flying come full circle?
Short answer: yes! At least, in Nigeria;
The proof is Ugo Ezeugwa’s excellent book -
For which we are all gathered

In case you wonder -
Whether that view is not mere hype -
Just take a quick glance -
At its contents: ‘Oh my!’

You will exclaim – in admiration;
I guarantee you that;
Such is the breadth of the effort –
And the industry – it is truly cerebral

In its 22-odd Chapters –
Split into three broad Parts -
Ugo’s book delves effortlessly and effectively;
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;
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, 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

Starting with Chapter One –
The Introduction;
It 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;
Nothing is left out;
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 passenger’s cargo or baggage –
And its legal consequences – in contract and tort

Talking of which – that is, contract and tort –
Chapter Nine is devoted to discussing –
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 eleven - at least
Between carrier and passenger, as well as others -

All the way from fleet maintenance;
To finance and leasing;
To ground handling/warehousing;
To fuel and catering supply, consignors and freight forwarders

Maintaining the trend, the next Chapter – 11;
Isolates for more detailed treatment -
One of the sub-items of Chapter Ten:
Namely, aircraft finance and leasing

Everything concerning their documentation -
And collaterization is discussed –
Including insolvency, bankruptcy, insurance –
Recovery (law and jurisdiction) 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, NIMET & FAAN vis-à-vis operators –

Specifically, their rights and duties -
Those of aircraft parts makers and vendors;
Aircraft maintenance services/surface vehicle operators;
Ground handling, airport security, etc.

Chapter Thirteen 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 –
About aviation insurance;
Is as comprehensive;
As can be

Just as well -
It must be said:
As it 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 Fifteen deals with negotiations –
Which usually attend claims in air accidents;
It includes tips for parties – particularly concerning settlements –
Which he recommends as a preferred option

Chapter Sixteen is similar to it’s 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 Eighteen is most apposite:
Its subject – Regulation of Civil Aviation –
Should be music to the ears of the public:

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 subject matter of Chapter 19 - air accidents -
Are not only a thing of the past -
But, if and when they occur, are properly investigated.

This leads neatly to Chapter Twenty -
Whose subject - aviation crimes –
Are sometimes responsible for air accidents
They include damaging an aircraft while in flight -

Passengers' unruly/indecent behavior;
Damaging airport facilities;
Hijacking/terrorism;
And their counter-measures

The penultimate Chapter -
That is, Twenty-one
Couldn’t be more topical:
It deals with Covid-19 and its legal dimensions -

Vis-a -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 elements;
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;
Which must have been acquired over the years

So, kudos to Ugo;
For boldly treading;
Where few have ventured;
Yes, because it is technically–challenging

His style of presentation;
Flows so logically 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!

However, just in case you are puzzled;
By its title:
The Wright Brothers were aviation pioneers -
Whose self-built aircraft - the Wright Flyer -

Is widely-credited as having made -
The first sustained flight by a heavier-than-air plane;
More than a century ago - in 1913, to be precise
The origin, then, if you must know, of Ugo’s treatise!

Abubakar D. Sani, Esq. 30th August, 2021, xl4sure@gmail.com, Kano, Nigeria.

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