A Rejoinder to Dr Cosmas Emeziem’s “Conflict of Laws and Diversity of Opinions—A View of The Nigerian Jurisdiction”

On this weblog submit, I reply to a current critique by Dr. Cosmas Emeziem of a weblog submit co-authored by Dr. Abubakri Yekini and myself. Our submit celebrated the elevation of Justice H.A.O. Abiru to the Nigerian Supreme Courtroom and highlighted its significance for the event of Nigerian battle of legal guidelines.

Dr. Emeziem argues that institutional experience ought to be prioritised over particular person experience. He states, “[I]t is important to remain targeted on institutional capacities, experience and competence and learn how to improve them—as an alternative of individualized experience, which, although essential, are weak foundations for enduring authorized evolution and a dependable PIL regime.” He concludes that: “Thus, the concept that “an skilled in battle of legal guidelines is now on the Supreme Courtroom after a very long time”  is probably deceptive—particularly for individuals, companies, and buyers who might not know the inside workings of advanced authorized techniques corresponding to Nigeria.”

Yekini and I in our weblog submit , clearly acknowledged: “Nonetheless, this isn’t to recommend that Justice Abiru’s experience is proscribed to battle of legal guidelines, nor that different Nigerian judges don’t possess experience in battle of legal guidelines. The purpose being made is that his Lordship’s prominence as a judicial skilled in battle of legal guidelines in Nigeria is noteworthy.” [emphasis added]. The work of a choose is difficult, and lecturers ought to acknowledge and have fun their experience.

Celebrating judicial experience is useful. As an example, Dr. Mayela Celis on 24 November 2021 in a single weblog submit praised the appointment of Justice Loretta Ortiz Ahlf – a non-public worldwide regulation skilled – to the Mexican Supreme Courtroom. Celis concluded in her weblog submit that: “This appointment will definitely additional the information of Personal Worldwide Regulation and Human Rights on the Mexican Supreme Courtroom.”

It’s common for judges to specialise in sure authorized fields, particularly on the appellate stage. This specialization permits them to supply main judgments in related instances. That is notably true in widespread regulation jurisdictions, the place judges are identified for his or her particular person attributes and infrequently present separate selections, which may end up in a various vary of opinions even throughout the identical case. For instance, within the English case of Boys v Chaplin, the Home of Lords was unable to supply a coherent ratio decidendi because of differing opinions concerning the regulation relevant to torts when making use of English regulation to heads of damages.

In Sonnar (Nig) Ltd v Partenreedri MS Norwind (1987) 4 NWLR 520 at 544 Oputa JSC of the Nigerian Supreme Courtroom, though concurring, expressed a separate view that as a matter of public coverage, Nigerian courts “shouldn’t be too desperate to divest themselves of jurisdiction conferred on them by the Structure and by different legal guidelines just because events of their personal contracts selected a international discussion board.” Many different Nigerian judges have since adopted this particular person strategy taken by Oputa JSC, regardless of the vast majority of the Nigerian Supreme Courtroom in Sonnar unanimously, and repeatedly in Nika Fishing Firm Ltd v Lavina Company (2008) 16 NWLR 509, and Conoil Plc v Vitol SA (2018) 9 NWLR 463, expressing desire for the enforcement of a international jurisdiction clause, besides the place sturdy trigger is superior on the contrary. On this context, the affect of a person choose in decision-making in battle of legal guidelines can’t be undermined.

In England, former United Kingdom Supreme Courtroom Judges like Lord Collins and Lord Mance are famend for his or her experience in battle of legal guidelines. Certainly, Lord Collins’ educational prowess in battle of legal guidelines is internationally famend, as he is among the chief editors of the main widespread regulation textual content on the topic. Nonetheless, this isn’t to recommend that judges who will not be specialists in battle of legal guidelines can’t make vital contributions to the topic. As an example, Lord Goff, identified for his experience in unjust enrichment, considerably contributed to the precept of discussion board non conveniens, delivering the main judgment within the seminal case of Spiliada Maritime Corp v. Cansulex Ltd. The purpose being made is that judges’ specialization in a topic considerably enhances the standard of judicial selections, a truth that students ought to have fun.

The rise of worldwide industrial courts in Asia and the Center East, which resemble arbitral tribunals, underscores the significance of particular person judicial experience. These courts, together with these in Hong Kong, Singapore, Dubai, Qatar, Kazakhstan, and Abu Dhabi entice prime international judicial consultants to preside over and resolve instances, thereby instilling confidence in worldwide industrial events (Bookman 2021; Antonopoulou, 2023). As an example, Lord Collins a former non-permanent Member of the Hong Kong Courtroom of Ultimate Attraction, delivered the main judgment within the vital cross-border matter of Ryder Industries Ltd v Chan Shui Woo, with the settlement of all different judges on the panel.

Yekini and I acknowledged in our weblog submit, that Justice Abiru’s “dissenting opinion in Niger Aluminium Manufacturing Co. Ltd v Union Financial institution (2015) LPELR-26010(CA) 32-36 highlights his dedication to addressing battle of legal guidelines conditions even when the bulk view falls brief.” If the bench within the battle of legal guidelines case the place Justice Abiru dissented had been conversant with personal worldwide rules in Nigeria, a special end result may need been reached. That is essential within the context of the quite a few per incuriam selections by Nigerian appellate courts, which maintain that in inter-state issues, a State Excessive Courtroom can solely assume jurisdiction over a reason behind motion that arose inside its territory, no matter whether or not the defendant is current and/or prepared to undergo the court docket’s jurisdiction (Okoli and Oppong, Yekini, and Bamodu) . The important thing level is that having extra specialists in battle of legal guidelines in Nigerian courts will considerably improve the standard of justice supply in cross-border points.

In conclusion, whereas Justice H.A.O. Abiru will not be all the Nigerian Supreme Courtroom for battle of legal guidelines, there’s nothing mistaken with emphasizing and celebrating his specialization on this subject. Subsequently, I stand by my co-authored weblog submit and can proceed to focus on such experience.