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04/09/2022

Written by Chukwuemeka Maduako, Esq on 24th June, 2018, and still valid as ever.






" 'The Ojukwu Signature'

It's no longer news that Professor Ernest Ojukwu, SAN has joined the race to lead Africa's largest Bar. However, it seems to me , that a few are far in thought, as to what this colossus is made of.

Professor Ernest Ojukwu is a Professor of Law and Senior Advocate of Nigeria. He served as an erstwhile Dean of the Faculty of Law of Abia State University before being headhunted by the Council of Legal Education to serve as the Deputy Director-General of the Nigerian Law School, Agbani Campus, Enugu.

A well lettered author, Professor Ojukwu holds to his credit a plethora of text, inclusive of that on Civil Procedure in Nigeria. That celebrated piece, asides being an authority in the Nigerian Law School, has remained a reference point for both the Bar and the Bench.

Professor Ojukwu is the Master of Clinical Legal Education in Nigeria, where he meritoriously holds a professorial chair. He revolutionized legal education in Nigeria by single handedly introducing the clinic system and structures across Nigeria, where theory meets practice, in the academic life of law students. A feat that resonates, across divide, his competence and capacity in leadership.

In collaboration with law clinics, in legal aid and prison reforms, his NGO, Network of University Legal Aid Institutions (NULAI), where he holds sway as proprietor and team lead, stands tall. NULAI pioneered Nigeria's foremost National Client Interviewing and Counseling Skills Competition which convenes together public and private tertiary institutions across Nigeria with the view of testing, enhancing and developing practical interviewing and counseling skills of law students in training. Having humbly represented my state and university in the 9th NCCC competition in 2013, I can posit without equivocality, on firsthand basis, the unending impact and influence, of that competition vis á vis clinical legal education in Nigeria.

A Teacher to teachers, Judges, Lawyers, Professor Ojukwu has undoubtedly devoted his career and life to the growth and development of lawyers and the legal profession at large. Without beating the drums, his pedigree in the industry, speaks for itself.

There's one unique and interesting attribute of Professor Ojukwu that stands him out to the admiration of all and sundry. Wherever Ojukwu takes charge, status quo change! His aversion for convention and drive for innovation is surely one I'm yet to see in recent times. Whenever, or wherever, Professor Ojukwu steers the wheel, the concomitant effect is positive disruptions, alterations, innovations, in addition to a sound, vibrant and effective leadership. Wherever you see Ojukwu lead, you see the above, wherever you see Ojukwu lead, you see a Brand! I call it......"The Ojukwu Signature".

Till date and in posterity, the Nigerian Law School and the prestigious Faculty of Law, Abia State University, which both bear the crest, signage, and trademark of "The Ojukwu Signature" will remain timeless testaments of his rich administrative acumen, posture and standing. Indeed, what the 'Ojukwu Signature Bar' will be, is best left to imagination!

Professor Ojukwu speaks law, acts law, behaves law, grows law, develops law, and, if time is not taken, I might be wrong, dreams law. He is surely of the finest brand cm blend of academic and advocate you can find anywhere in Nigeria today. Sometimes I sit in my little corner, gaze to the skies, then surrender to thoughts, what the Ojukwu led Bar will be! To drive home his penchant for the welfare of young lawyers, Professor Ojukwu already shares and leads the topical conversation on the need to place a minimum cap on remuneration of young lawyers. Having been a young and active bar leader in Aba, he is no doubt in the know, and roundly appreciates, the need for such.

To further deconstruct Professor Ojukwu's persona conversely amounts to being economical with the truth as his aptitude cannot be described, neither can it be captured, in one breath! Within the context of Bar leadership, to pontificate that Professor Ojukwu is fit for purpose, is simply stating the obvious. At the national level, he has dutifully chaired innumerable committees and in his usual manner, delivered on set objectives.

Without mincing words, to state that the NBA and its top echelon is in dire need of " The Ojukwu Signature" is to state the obvious. Professor Ojukwu brings to bare time-tested, age-long and richly deep experience. As a celebrated academic, active Bar man, respected litigator and seasoned administrator, Professor Ojukwu indeed holds different sides of the coin to himself, an attribute that surely stands him out, and tall, amongst the crowd!

Let's give the NBA a different Breath!
Let's give the NBA a different Crest!!
Let's give the NBA the 'Ojukwu Signature' !!!



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Chukwuemeka Maduako
24/6/18"

24/08/2022

*Flays NBA National Publicity Secretary, Nduka For Insisting She’s On Suspension *Says Attitudes Of Conventional Politicians Shouldn’t Be Introduced Into NBA Politics Senior Advocate of Nigeria, J.S. Okutepa, SAN, has described the suspension of the General Secretary of the Nigerian Bar Associat...

03/10/2021

Each time you see the inscription "CARS ARE PARKED AT OWNERS RISK", have you ever bothered to know the LEGAL IMPLICATIONS?

The Implication from Legal Perspectives.

Everyone that has a car or rides in a car should have seen this sign that is always conspicuously placed in parking lots or parking spaces ‘cars parked are at owners’ risk’ and you may be wondering what are the are the legal implications of this sign, what if something goes wrong with your car; it gets damaged, burgled or the whole car stolen at the parking lot who will be held accountable.

You might have even been in this kind of situation before; what are the legal implications of the sign; who pays for the damages, what are your rights and remedies at law in this circumstance, who do you sue to recover damages, do you even have enforceable rights or remedies at law?

Now read this:
On 19th of December1986, Justice K.O. Anya (rtd) traveled to Owerri for a book launch. When he got to Owerri he checked into a hotel called Imo Concorde Hotel, a renowned hotel in Owerri, Imo State.
When it was time for him to leave the next day, being the 20th of December 1986, he discovered that his car; Peguot 505, AC salon he came to the hotel with had been stolen from the hotel premises where he parked it the previous day.

He decided to sue the hotel management. So he took the hotel management to court, joining the two securities on duty the day he checked in and the day his car was stolen to the suit, on the grounds that the respondents were negligent by allowing his car to get stolen. He prayed the court to grant him damages, total damages of N150,000.00; N65,000.00 being a special damages as the current value of his Pequot 505 salon car.

The trial court decided in his favour. The court held that he had a right to action and can recover damages from the hotel which he checked in and his car was stolen and that the defendants are in breach of duty of care which they owed to the plaintiff and consequently are liable to the plaintiff for the loss of his said car. So damages was awarded to him.

The hotel management, displeased with this ruling of the trial court, went on appeal. The appeal court reversed the ruling of the trial court holding that he had no right of action against the hotel that his car was stolen from.

Justice K.O. Anya then appealed to the Supreme Court since the decision of the trial court held in his favour was reversed by the Appeal court.

The Supreme court upheld the decision of the court of Appeal and held that Justice Anya cannot recover damages for his stolen car from the hotel. The Supreme Court in its Obiter Dictum stated that the general principle is that the tort of negligence only arises when a legal duty owed by the defendant to the plaintiff is breached and to succeed in an action for negligence, the plaintiff must prove by the preponderance of evidence or the balance of probabilities that;

(a) the defendant owed him a duty of care
(b) the duty of care was breached

(c) the defendant suffered damages arising from the breach
~ PER A. KALGO, JSC.

The Supreme Court also went further to state that it is a generally accepted principle of negligence that a person only owes a duty of care to his neighbour who would be directly affected by his act or omission.

The question now is ‘who then is your neighbor?
In old case Donaghue v. Stevenson, Lord Atkin provided an answer to the above question that your neighbors (in law) are persons who are so closely and directly affected by your act that you ought to reasonably have them in contemplation as to be affected when you are directing your mind to the acts or omissions which are called in the act in question.

To this effect, the parking facility of a hotel, church, airport, restaurant, supermarket, etc is a gratuitous service given to users of that place and in the absence of express agreement the securities or the management of the parking lot has no legal duty or obligation to provide security for the cars parked in their space hence cannot be held for negligence if anything goes wrong with the car as it is just a moral obligation for them to look after your car and not a legal obligation.

By the reason of this Supreme Court judgement in the case of K.O. Anya V. IMO Concorde Hotel, the sign ‘car parked are at owner’s risk’ is an express and open caveat to everyone that the security men guarding the parking lot owe you no legal duty or obligation to make sure your car is safe neither can they or anyone else be held responsible for negligence if anything goes wrong with your car.

Be it as it may, as it is said that in every general rule there must be an exception, there’s also an exception to this caveat ‘car parked are at owner’s risk’. When you park your car and give the car key to the security men guarding the parking space or the management of the parking space and you draw their attention to where your car is parked, then there may arise a duty of care which places a legal duty and obligation on the management and security of the parking space to make sure your car is safe and secure. If anything goes wrong with your car at that instance you can sue the management of the parking space for negligence and recover damage as they are in breach of duty of care owed to you.

Therefore, if you want to hold the management and security men of a parking lot of a hotel, church, restaurant, supermarket, airport, market, mosque, offices, etc , accountable if anything goes wrong with your car then you must drop the car key with them, and draw their attention to where the car was parked.
Credit... Kingsley Ughe.

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