Onuoha Happiness Ngozi Llm/Law/35183/2002 - 2003
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THE ROLE OF LAW IN PROMOTING GENERAL SAFETY ON FLIGHT UNDER INTERNATIONAL LAW BY ONUOHA HAPPINESS NGOZI LLM/LAW/35183/2002 - 2003 A THESIS SUBMITTED TO THE POSTGRADUATE SCHOOL AHMADU BELLO UNIVERSITY ZARIA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF MASTER OF LAWS DEPARTMENT OF COMMERCIAL LAW FACULTY OF LAW. 1 DECLARATION I Onuoha Happiness Ngozi hereby declare that this thesis was written by me and it is the record of my own research work. It has not to the best of my knowledge, been presented or published anywhere at anytime by anybody, institution or organisation. All references and quotations are duly indicated with specific acknowledgement. However, I remain solely responsible for views expressed and all deficiencies therein. -------------------------------------------------------- ONUOHA HAPPINESS NGOZI OCTOBER 2006 AHMADU BELLO UNIVERSITY ZARIA – NIGERIA OCTOBER 2006 2 CERTIFICATION This thesis entitled ‘THE ROLE OF LAW IN PROMOTING GENERAL SAFETY ON FLIGHT UNDER INTERNATIONAL LAW’ BY ONUOHA HAPPINESS NGOZI meets the regulations governing the degree of master of Laws (LLM) Faculty Of Law Ahmadu Bello University Zaria, Nigeria and is approved for its contribution to knowledge and literary presentation. --------------------------------- ------------------------------ Prof. I. J. G. Irokalibe Date Chairman Supervisory Committee ---------------------------------- ------------------------------ Prof. Y. Aboki Date Member Supervisory Committee ----------------------------- -------------------------- Dr. A. Akume Date Head of Department of Commercial Law ABU Zaria ----------------------------- -------------------------- Prof. S.A. Nkom Date Dean Postgraduate School 3 DEDICATION This thesis is dedicated to The ALMIGHTY GOD for HIS inspiration. At the beginning of this research nobody encouraged me to write on this topic not even the aviation personnel I met. They told me it was too wide, technical and hard but there was an assurance in my spirit that GOD will help me. However, as I went out of my way to research through the discouraging words GOD began to paint pictures and plant ideas in my mind. The topic became clearly defined when I went back to the people they were surprised at my progress and started requesting for copies of the work when am through. GOD arranged the information and materials that made this treatise a reality through Divine Connection hence the success of this piece is attributable to ‘Divine Network of Help’. Also dedicated To the loving memory of my late nephew CHIMUANYA CHINANUEKPERE DESMOND who excitedly awaited my being arrayed in legal regalia but had to rest with the Master and Saviour The Lord Jesus Christ months before its fruition. 4 ACKNOWLEDGEMENT I must first and foremost register my appreciation to Dr I..J. G.Irokalibe who supervised this work. My gratitude goes to Dr Y. Aboki for his fatherly understanding and advice at the beginning of this work. My heart felt thanks go to Dr M. T. Ladan who polished this topic. I cannot thank God enough for the library staff of Nigerian College of Aviation Technology (NCAT) Zaria especially Okon Edem Antai, Royce and David Owolabi. Also the Registrar, the Deputy Rector Engineer Kole Uhuegho, Captain Mrs Kalu of flying School, the Legal Adviser, Barrister N. Agbo, Mr. Tony Enechukwu and Mr. Joseph both of Air Traffic Control Service NCAT Zaria for the attention they gave me in the course of this research. I will never forget the tremendous contributions of the staff of Federal Ministry of Aviation Abuja many of them took risk parting with their personal documents particularly Captain M.B Jibrin Assistant Director Safety and Technical Policy and Engineer Sodiq of Accident Investigation and Prevention Bureau as well as the Librarian Mr. Dan ABU Shittu. Moreover, the assistance of Professor Alisa Head of Department of French Ahmadu Bello University Samaru and Mr. Yesuf Lecturer, Department of French ABU Samaru and the Vice Principal of St. Joseph’s Seminary Basawa Zaria and Barrister Adedokun can never be overlooked. Also the various contributions of Chris, Glory, Pastor Nath, Pastor Goddy and my priceless brother Pastor Innocent and so many others I cannot mention by name who contributed one way or the other to ensure the success of this work my prayer is that the Faithful God will reward you accordingly in Jesus name amen! Above all I am highly indebted to my virtuous mum Mrs. Roseline Onugo (peak of honour) whose advice and timely corrections kept me from the path of the destroyer and planted me in RIGHTEOUSNESS, The ELSHADAI will fulfill the number of your days and cause you to reap the fruit of your labour in Jesus name amen! My special thanks belong to the LIVING and TRUE GOD the KING of kings and LORD of lords The GREAT IMMORTALITY that inhabits light that no man can approach the only POTENTATE WHO made this piece of work a reality. 5 ABSTRACT Aviation is one of the greatest and important unique inventions of man in the area of transportation. Since 17 December 1903 near Kitty Hawk, North Carolina when a bicycle repairer Orville Wright propelled himself through the air a distance of 120ft the first powered flight in a heavier-than-air aircraft known to human, air transportation has been beneficial to man. Air transportation globally constitutes significant proportion of the nations socio-economic system. It facilitates movement of people, goods and services thereby assists in generating contact and revenue on which economic, social and political progress of nations radiate. So air transport has done more than provide a carrier service, it has affected economic way of life, made changes in social and cultural viewpoints and had a hand in shaping the course of political history. Air transport industry contributes directly to the economy through its employment and revenue generation and indirectly by its purchase of goods and services from suppliers of the industry. There is urgent need for governments to develop the industry to meet international standard and requirement. Development of this industry will enhance economic development of countries especially developing ones. Nevertheless, this beautiful achievement of man is bedeviled by hazards. Law has to intervene to minimize the hazards by regulating air traffic operations, imposing duties and obligations on the various entities involved in air navigation. Besides, aviation has always been exploited by perpetrators of unlawful acts, whose trademark is terrorism. Aviation is constantly being targeted all over the world by terrorist groups and individuals who see it as the most effective avenue to propagate political views, plights and motives. It has always been very effective in gaining media attention and publicity for terrorism. Thus security and safety have been major aspect of concern, which cannot be ignored by the international community. Crime on board aircraft border on terrorism, hijack or air piracy, assassination, bombing and so on which make flight unsafe. Violent crimes or unlawful acts in aviation have always posed great threat and challenge to international civil aviation that international community had to come up with some measures to tackle it. 6 Moreover, series of accidents kept reminding aviators of the need to put in place safety precautions for the conduct of flights. Thus, the leading aviation nations began to standardize codes to guide aircraft production and operation. Various countries formulated their own rules. The first generation aeronauts were particularly safety conscious. This informed the various materials used in constructing the balloons and their different structures all in attempt to develop what could withstand adverse weather conditions, thereby promoting safety. Aircraft accident is an unlikely and preventable occurrence that leads to loss of financial, material and human resources, for example in the September 2001 U.S. plane hijack 2,000 lives of people of different nationalities were terminated in a single day. In Nigeria the three main air disasters in 2005 claimed 226 lives among them was the Postmaster General of the Federation Alhaji Abubakar Argungu. The helicopter crash in Mexico in September 2005 claimed lives. In Indonesia the plane crash in September 2005 cleared 140 souls. The Iranians military transport plane crash in Tehran in December 2005 killed 110 people. In America the plane crash in December 2005 in Bahamas killed 20 people. These were mainly the manpower and workforce of the nations besides the aircraft which cost a lot to acquire were destroyed. However, the need to adhere to varied forms of codes; rules and regulations developed by different states soon became an impediment to the growth and orderly operation of international air transport. There was an apparent and urgent need for global standardization. The successful attempt at evolving a comprehensive international regulation of civil aviation dates back to 1944, when an international conference in Chicago, U.S.A. adopted certain decisions aimed at fostering the development of international air transport in an orderly and safe manner. The research effort will focus on the entities involved in air travel and their respective duties as apportioned by law in ensuring flight safety (flight safety as a collective responsibility). It will also discuss the adverse effect of air disaster both on individuals and the economy as well as stress the importance of flight safety in the enhancement of economic development. Besides, the thesis intends to contribute to the topical