CARRIAGE BY AIR — Warsaw Convention — Applicability in Nigeria — Force of Law
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Cameroon Airlines v. Otutuizu (2011) NLC-123-217-2004(SC) at p. 10; Paras A—C:
"The Warsaw Convention as amended at The Hague 1955 is the relevant Legislation in this case. It is applicable in Nigeria by virtue of the carriage by Air (Colonies, Protectorates and Trust Territories) Order, 1953. It came into operation on the 1st day of January 1954, and it can be found in the Laws of the Federation of Nigeria and Lagos 1958 Vol. XI. In view of the provisions of Section 315 of the Constitution it is an existing Law. The Convention as incorporated in Nigeria Law has the force of Law in relation to matters which relate to the rights and liabilities of carriers."
Explanation / Scope
This principle establishes that the Warsaw Convention as amended at The Hague 1955 applies in Nigeria by virtue of the Carriage by Air Order 1953 and has the force of law in matters relating to the rights and liabilities of carriers. The principle applies in carriage by air cases. It ensures that the Convention is applied. The principle reflects the incorporation of the Convention into Nigerian law. It governs carrier liability. The court must apply the Convention. The principle provides guidance on the Warsaw Convention.