Controversy grows over Malaysia plane law suits

The Malaysian government is to examine the legal implications of the missing Malaysian Airlines flight MH370.

Controversy is growing among aviation lawyers as it is reported that Ribbeck Law, the Illinois law firm that was the first to take legal steps, has sent six employees to Beijing and another six to Kuala Lumpur. The firm began taking legal steps twice but these were both rejected by a judge. 

Other lawyers are suggesting that legal action should not be taken at the moment. ‘The next step is getting insurance payments, not lawsuits,’ says James Healy-Pratt of London-based Stewarts Law. Chinese lawyer, Zhang Qihuan, who has been talking to relatives of passengers on the missing plane, says that a court would be unlikely to award more than about US$140,000 per passengers - a sum which was paid over a Henan Airlines accident in 2010. But he said, according to the Malaysian Insider, that relatives could get a higher amount out of court ‘if they agreed to keep quiet’

Japan's New Energy Act sparks controversy

The passage of Japan's New Energy Act established where Japan's energy future is headed, as it continues to rebuild three years after the Fukushima nuclear disaster.

Japan’s National Diet approved the New Energy Act on 11 April.  It is the fourth such proposal since 2011, and the first to meet the approval of the cabinet members and be passed into law.

 

The Act allows for Japan’s nuclear power plants to be restarted, provided they meet the stricter safety regulations set forth by the Nuclear Regulation Authority (NRA), a new government organization formed in the wake of Fukushima.  The series of safety regulations that it passed in July 2013 reinforces requirements for nuclear plants to guard against natural disasters and terrorist attacks as well as sets better containment policies and protocols in general in case of emergency.  Even with the safety measures in place, there was a negative international reaction to Japan’s decision to continue using nuclear power.

 

Coal will have an equally large share of Japan’s energy market, under the April Act. The integrated gasification combined cycle (IGCC) makes coal a more palatable source of energy; the IGCC process converts the coal into natural gas before burning it.  Japanese trade minister Toshimitsu Motegi said: 'By applying Japan’s most advance coal technology, the US, China and India can reduce a combined 1.5 billion tons of carbon dioxide emissions per year.'  However, some, including the UN, are unimpressed that Japan’s energy policy includes fossil fuels.

 

And with Japan’s controversial secrecy law set to take effect in December, journalists will be prohibited from reporting how the soon-to-be operating nuclear power plants are guarded.  In fact, 300,000 internal refugees will not return home because they do not trust Japanese authorities’ assurances of low radiation.  It is hard to blame them; Japanese officials raised the acceptable amount of radiation following the disaster so that their clean-up efforts would look more impressive on the world stage.

 

The Act has yet to stipulate whether there will be a free energy market or more government involvement.  The Fukushima No. 1 Plant was operated by private company Tokyo Electric Power Co. (TEPCO), and faced all of the costs associated with the 2011 nuclear disaster.  To keep nuclear disasters from devastating the private sector, Kansai lawmakers and the Federation of Electric Power Companies of Japan (FEPC) opposed Act clauses that would privatize nuclear energy.  A TEPCO official cautioned J-Power, another Japanese energy company: 'It’s no good to have a nuclear power plant.  If an accident happens, your company will be done for.'

Malaysia Bar threatens US firms over missing plane advice

The Malaysian Bar has warned local families to be careful about using US law firms over the missing flight MH370 and has threatened the firms with legal action if they break a ban on foreign lawyers giving advice.

Christopher Leong, president of the Malaysian Bar’s council, said: ‘It is illegal for them to provide any kind of legal services in Malaysia, including legal advice.’ If foreign firms still proceed, he said: ‘They will be contravening our laws, including the Legal Profession Act.’ 

He continued: ‘We have already read in the news of an American law firm providing legal advice which resulted in a premature and wrong legal action or suit being commenced in America, which invited strong criticism and rebuke from an American court.’ If families do still use US firms, Mr Leong urged them to check the professional indemnity of these advisers to ensure that clients in Malaysia would be covered

Lekki-Ikoyi Link Bridge: Court Rules on Stay April 25

A Federal High Court in Lagos Monday fixed April 25 to decide whether or not to grant a stay of execution on its judgment over the tolling on the Lekki-Ikoyi link bridge.

Justice Saliu Saidu reserved ruling on the issue after hearing the arguments on an application for stay of execution of judgment filed by the Lagos State Attorney General and Commissioner for Justice, Mr. Ade Ipaye.

A human rights activist, Mr Ebun-Olu Adegboruwa, had filed a suit on November 26, 2012, against the state government, challenging the collection of toll on the bridge.

Joined as first and second respondents in the suit are the Attorney General of the Federation (AGF) and the National Inland Waterways Authority (NIWA).

Ipaye and the state government were listed as third and fourth respondents respectively.

Justice Saidu had in a judgment delivered on March 27, held that the imposition of such toll was unlawful, since there was no law in existence, authorising its collection.

The judge had held that there was nothing before the court to show that the construction of the bridge was as a result of any Public Private Partnership (PPP) law, since the bridge was built with funds of the state government.

Saidu had therefore held that the state government can only validly collect toll on the bridge if a law is enacted to give validity to such toiling.

Adopting his motion yesterday, Ipaye urged the court to stay execution of its judgment, pending the determination of an appeal before the Court of Appeal.

He also sought an order of injunction restraining the third and fourth respondents, from giving effect to the judgment, in order to abide the appellate court’s decision.

Ipaye noted that the applicant had filed and conducted the suit in his personal capacity, adding that a stay would not be injurious to him.
He argued that after the court’s judgment on March 27, Adegboruwa had immediately proceeded to the bridge and had sought to use it without paying toll, adding that there was no express order of court preventing toll.

Ipaye argued that Adegboruwa had also filed a cross appeal before the appellate court, stressing that with such step, it was now important for status quo to maintained, until all issues are resolved by the apex court.

He therefore urged the court to so hold.
Adegboruwa in response, urged the court to dismiss the application for being incompetent.

He argued that a prayer for the stay of execution of a judgment, and a motion for injunction, cannot abide in the same application, adding that the practice was novel.

He argued that the respondents never obeyed the judgment of the court since its delivery on March 27, stressing that such practice constituted an affront to the judicial powers of the court.

Adegboruwa said: “The reliefs sought by the respondents, are equitable in nature, and whoever must come to equity, must come with clean hands.

“The action of the respondents creates an impression in the minds of Nigerians, that there was no court order, and so, if this application is granted, it will simply validate the confusion already created”

He therefore submitted that it was impossible for the court to over rule itself with respect to the pending judgment, since there was no need to justify the collection of illegal toll.

He therefore urged the court to hold, that even where there existed exceptional circumstances for granting such application, it should be over ruled following the disobedience of the respondents. Saidu fixed April 25 for ruling.

NSCDC arraigns eight, impounds two trucks in A’Ibom

THE Nigerian Security and Civil Defence Corps have arraigned eight persons suspected to be involved in vandalising electricity cables, transformers, as well as transporting adulterated products.

It was learnt that the two trucks that carried the adulterated products were parked at Etisalat base station on Abak Road, Uyo.

The adulterated products were allegedly meant for the generators.

The state Commandant, Mr. Pedro Ideba, said the driver and the conductor of the second truck escaped arrest.

He stated that the corps operatives, however, arrested the driver and the conductor of the first truck.

He said, “We impounded two trucks carrying adulterated products on Abak Road, Uyo.

“In one of the trucks, its occupants, upon sighting our men, escaped, but we arrested the men in the other truck, who were to feed the generators at Etisalat station with the adulterated products. The tankers and the suspects are under investigation.

“On March 6, we arrested over four persons who were found tampering with equipment of Port Harcourt Electricity Distribution Company, and on March 11, we also arrested two persons who tampered with transformers at Ewet Housing.

“Few days ago, we picked up two other persons tampering with high tension cables. All these people have been arraigned before a law court.”

Ideba stated that on March 29, the Nigerian Navy, NNS Jubilee, Ikot Abasi, arrested and handed over three persons who were involved in fuel adulteration to the corps.

He said the corps would continue to do its best to ensure that the people of Akwa Ibom State continue to enjoy good products from the Nigerian National Petroleum Corporation.

He added that the corps had unyielding interest towards ensuring that lives and property of the people of the state were protected round the clock.

“If you talk about vandalism and oil theft in Akwa Ibom State, we have been able to reduce them to the barest minimum. This goes to tell Nigerians that our men are up-to-date with reality on grounds,” he said.

Herbalist in court for defrauding sick banker

A 43-year-old herbalist, Adeyemi Sakiru, has been arraigned before the Ebute Meta Chief Magistrate’s court, for allegedly defrauding a banker, Ayokunle Adebayo, of N2m.

Sakiru, who allegedly claimed to be a licensed traditionalist in Lagos State, was also said to have threatened to kill Adebayo’s aunt after the latter demanded the refund of the money.

It was learnt that Adebayo had been down with an unknown ailment that saw him suspended from work several times.

He was said to have gone from different religious houses to healing homes in search of solution without result, until he visited Sakiru’s herbal house at Somolu area of the state.

Sakiru was said to have demanded N10, 000 to prepare a special concoction for the banker’s ailment.

Our correspondent gathered that after taking the herbal preparation, Adebayo regained his health temporarily.

From that period, Adebayo was said to have been paying the defendant N10,000 per month for the preparation of the concoction.

However, it was learnt that the herbalist made a demand of N2m to buy more herbal ingredients for a final solution to the ailment.

Trouble started when the ailment persisted, and the banker was reportedly sacked from his bank job.

The defendant was said to have been approached for a refund of the money he collected, but he refused to pay.

The police said Sakiru sent a text message to the aunt of the complainant, Mrs Oladunni Afolabi, saying that he would kill her if she did not let go of the matter.

He was then arrested and arraigned on eight counts of fraud, stealing, obtaining under false pretences and threat to life.

The charges read in part, “That you, Adeyemi Sakiru, and two others now at large, on January 17, 2014 at about 10am, at Somolu area of Lagos, in the Lagos Magisterial District, did conspire among yourselves to commit felony to wit: obtaining money by false pretences and stealing.

“That you did falsely present yourself to Ayokunle Adebayo, as a licensed Lagos State herbalist andtradomedicalist when you collected the sum of N2m cash from him, with the pretext to buy herbal ingredients to cure his ill-health which you never did, a representation you knew to be false.

“That you did threaten to kill one Mrs. Oladunni Afolabi, an aunt to Ayokunle Adebayo, for protesting against defrauding her nephew.”

The police prosecutor, DSP Etim Nkankuk, said the offences were punishable under sections 409, 312, 285, 56, 378 of the Criminal Law of Lagos State, Nigeria, 2011.

The defendant pleaded not guilty to the charges and elected summary trial.

His defence counsel asked for his bail in liberal terms, which was not opposed by Nkankuk.

The Chief Magistrate, Mrs. A.A. Demi-Ajayi, admitted him to bail in the sum of N500, 000 with two sureties in like sum.

The matter was adjourned till May 12, 2014.

Man Googles himself, finds he’s among ‘Most Wanted,’ and promptly surrenders

It could be argued that when people Google themselves, they take pride in what they find, hence the term “egosurfing.”

Then there’s the case of Christopher Viatafa, who Googled his name, found a picture of himself on a “Most Wanted” website — and promptly surrendered to San Leandro police in connection with a shooting, authorities said.

Viatafa was being sought in connection with a shooting during a private party at the San Leandro Senior Center on East 14th Street on Aug. 8. Police said he got into an argument, pulled out a handgun and fired several rounds into the ground.

Viatafa was forced out of the area, police said, but not before he fired more rounds. No one was hit, but investigators sought him for allegedly discharging a firearm toward an inhabited dwelling.

Viatafa told police he had looked himself up online and found his mug on the “Northern California Most Wanted” website, maintained by the Northern California Regional Intelligence Center, a group of local, state and federal law enforcement agencies.

“That is why he turned himself in,” police said.

By Friday, Viatafa was listed on the website as a “captured fugitive.”

Ohio man charged with driving wheelchair under the influence

On a darkened, two-lane road outside Columbus, Ohio, Sheriff’s deputies were looking for a drunken driver whose erratic behavior prompted calls to the station house.

In the left lane they found Donald Law, 44, of Berlin Township, weaving his wheelchair onto the blacktop.

He told the deputies he was a bout a mile from home. His motorized conveyance had no lights or reflectors and he balked at getting off the road

Court: Drunk man, 40, stole £5 bottle of wine

A STROUD man told a court that he couldn't remember stealing a bottle of wine but it sounded like something he would do.

Adam Cairney, 40, admitted the theft of a £5 bottle of wine from Sainsbury's in Dudbridge.

"I can't remember doing it but I will plead guilty because it sounds like something I would do. I know what I am like," he said at Stroud Magistrates' Court on Monday, March 10.

The court heard that Cairney, of Duderstadt Close, in Paganhill, left the supermarket without paying for the wine around 3pm on November 30 last year.

"He was stopped by staff and the police were called," said Kathryn Jenkins, prosecuting.

"When interviewed he said he had gone to Sainsbury's because he wanted to buy some cider.

"He said he used the cashpoint and spoke to staff but did not recall going into the shop.

"He said he was highly intoxicated but it sounded like the kind of thing he would do."

Cairney was given a 12 month conditional discharge and was ordered to pay £85 costs and a £15 victim surcharge.

As Opposition to Emergency Rule Mounts, FG May Invoke Terrorism Law

The federal government may be forced to explore options under the Terrorism (Prevention) (Amendment) Act 2013 to continue to exercise emergency powers in the North-east states of Adamawa, Yobe, and Borno if the National Assembly fails to grant an extension of the state of emergency in the three states when it lapses on April 19.

At the moment, however, the Presidency and military authorities are keeping their options open and lobbying the federal lawmakers and politicians to approve an extension of the emergency rule to continue the offensive against the Boko Haram insurgents, investigation has revealed.

Boko Haram, which claims to be fighting for the establishment of an Islamic state in northern Nigeria, has killed more than 1, 000 people since 2009, when its uprising began.

President Goodluck Jonathan had on May 14 last year declared a state of emergency in Borno, Yobe, and Adamawa states in exercise of his powers under section 305, subsection 1 of the 1999 Constitution, giving the military broader muscles to fight the insurgency. He had followed the emergency declaration with the transmission of its details to the National Assembly, where they were approved. In November last year, the National Assembly approved a request by Jonathan to prolong the state of emergency by another six months.

The president is expected to return to the National Assembly this week to formally apply for another extension of the emergency rule.

Already, there has been a lot of resistance, especially from the North-east, to the attempt by the Peoples Democratic Party-controlled federal government to extend the state of emergency in the three All Progressives Party states. The Northern Elders Forum, governors of the affected states, and lawmakers from that part of the country have insisted that there is no need for the extension.

NEF, in a statement read by former Chief of Air Staff, Air Vice Marshal Al-Amin Daggash, at a press conference on April 11 in Abuja, threw its weight behind the elders of Borno, Yobe and Adamawa states, who had been urging the federal government not to extend the emergency rule.
In the same vein, the governors of the three states, Murtala Nyako (Adamawa), Ibrahim Gaidam (Yobe), and Kashim Shettima (Borno), had in a recent joint statement opposed any plan to prolong the emergency rule.

Their statement read, “On the issue of extension of state of emergency, it is our considered view that there is absolutely no reason to even contemplate an extension of the state of emergency in any of the three states.

“It must be noted that a counter insurgency strategy that lasted one year without achieving the desired result requires a redefinition rather than extension.

“The federal government should always remember that it has the obligation of protecting the lives and property of all Nigerians in all parts of the country without necessarily putting them under any special condition.

“It has the option of putting a security structure in place that can continue and intensify ongoing counter insurgency operations without an extension of emergency rule.”

However, a security source within the Presidency stated that the federal government was considering invoking the anti-terrorism law because it was becoming increasingly clear that the “opposition lawmakers in tandem with the demands of NEF,” will vote against the extension.

The source said, “They are wasting their time and they will be surprised that with or without it (state of emergency) they (security forces) will carry out their operations.

“What they do not know is that the counter-terrorism law that has just been signed (as amended) has given us enough latitude to operate with or without the state of emergency rule. What we are doing under the state of emergency that is very crucial for the operations, including freedom to carry out arrests, search anybody and recover arms and freedom to detain suspects for extended periods of time, can as well be handled under the anti-terrorism law.

“It has not been tested and many people don't know the content, which provides sufficient latitude to operate without the cover of the state of emergency. I advise people to go and study it; it gives us additional powers and freedom granted under the emergency rule.

“Since it was signed into law, not much attention has been given to it and the reason being that state of emergency is in place. Therefore, we are just relying on that one and when it is not in place, as some people are advocating, we will rely on the counter-terrorism law.”

Section 26(1) of the Terrorism (Prevention) (Amendment) Act 2013 states, “The Attorney General of the Federation, the National Security Adviser or the Inspector General of Police may, for the purposes of the prevention or detection of offences or the prosecution of offenders under this Act, give such directions as appear to him to be necessary to any communication service provider.”

Section 27(1) states, “The court may, pursuant to an ex-parte application, grant an order for the detention of a suspect under this Act for a period not exceeding 90 days subject to renewal for a similar period until the conclusion of the investigation and prosecution of the matter that led to the arrest and detention is dispensed with.”

Section 29 states, “The relevant law enforcement agency with the approval of the Attorney General of the Federation may, with the approval of the Coordinator on National Security for the purpose of the prevention of terrorist acts or to enhance the detection of offences related to the preparation of a terrorist act or the prosecution of offenders under this Act, apply ex-parte to a judge for an interception of communication order.”

In section 32, the Terrorism (Prevention) (Amendment) Act 2013  provides, “The Federal High Court located in any part of Nigeria, regardless of the location where the offence is committed, shall have jurisdiction to - (a) try offences under this Act or any other related enactment.”

Speaking on the stand of the military and security forces, the Director of Defence Information (DDI), Major General Chris Olukolade, said they were bound to carry out operational directives by the president, who is the Commander-in-Chief of the Armed Forces.

Olukolade said regarding the debate on emergency rule extension, “Whatever be the outcome, the military is capable and prepared to keep discharging its constitutional duties in the most professional way as directed by the President, Commander-in-Chief.

“The essence will remain a commitment to ensuring due consolidation of the level of security already attained by virtue of the operations so far, but as envisaged by the political authority.”

Meanwhile, a lawyer, Mr. Yunus Abdulsalam, has warned against non-extension of the state of emergency by the National Assembly, saying it can create a constitutional “lacuna needed by the insurgents to reverse recent gains.”

Abdulsalam counselled those opposed to the emergency rule to bring alternative solutions instead of simply condemning what has been a stopgap solution to the insecurity in that part of the country.

“If the troops are withdrawn, I doubt if it will not serve as licence for the insurgents to increase the volume of their attacks unhindered,” he said, stressing, “The presence and activities  of the troops – though not perfect and needs improvement – surely salvages our hitherto visible descent to anarchy. The proponents of their withdrawal need to educate the government on how the withdrawal will bring peace and normalcy to the states.

“With the security challenges regrettably still making waves, it will not be out of place if the National Assembly extends it.”

Abdulsalam said governors of the affected states do not need to vacate their seats.

It would be recalled that the Chief of Defence Staff (CDS), Air Marshal Alex Badeh, had on assumption of office declared April as the targeted time to end terrorism in the North-east to avoid a constitutional impasse. The Defence Headquarters clarified this to mean a reminder to the service chief to take necessary steps to end the insurgency before the expiration of the emergency rule extension granted last November.

Meanwhile, some lawmakers from the North-east have voiced opposition to the planned extension of the state of emergency in Borno, Yobe and Adamawa states.

The member representing Gulani, Damaturu, Gujba and Tarmuwa federal constituency of Yobe State, Hon. Khadija Bukar Abba Ibrahim, called for the replacement of the emergency rule with a joint security taskforce in the three states. She said, “I think we need to have all the help that we need to curb the insurgency. You don’t have to impose a state of emergency.”

Hon. Goni Bukar Lawan, another House of Representatives member from Yobe State, said, “We have never received any report on the security of the states and nothing concrete has been done by the police to take charge of the security situation in the troubled states.”
Another member of the House of Representatives, Hon. Hassan El- Badawry, alleged, “The federal government has not shown the desire to protect the people of Nigeria, particularly, the people of the North-east.”

He said the National Assembly would not approve any request for the extension of emergency rule in the affected states.