Mitigating The Agony Of Third Party Claimant Under The Nigerian Aviation Law

Publication Information

Journal Title: International Journal Of Legal Developments And Allied Issues
Author(s): Mackson Oruma
Published On: 03/05/2023
Volume: 9
Issue: 2
First Page: 90
Last Page: 108
ISSN: 2454-1273
Publisher: The Law Brigade Publisher

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Mackson Oruma, Mitigating The Agony Of Third Party Claimant Under The Nigerian Aviation Law, Volume 9 Issue 2, International Journal Of Legal Developments And Allied Issues, 90-108, Published on 03/05/2023, Available at


The aviation industry’s age has not in any way contributed to making knowledge of its operations widely known. This is a result of the industry’s technological character. Although the hazards connected with its operation are obvious given the significant losses in terms of lives and property result, the regulations have not adequately addressed the issue of compensation in all circumstances where it is required. Although there are laws that provided for compensation in the event of accidents, these provisions do not apply across board.  Mindful of the fact that laws exist which address the issue of remedies for victims of air accident such as passengers, this article interrogates the legal frameworks for compensation of victims, to ascertain the extent if any, to which they protect victims other than passengers. Substantial part of the Nigerian aviation laws, which are parented by   international treaties, conventions, agreements, and protocols, as well as literatures, are examined in this study using the doctrinal research approach. The result reveals a lacuna in the legal frameworks which has left the victim with no alternative than to pursue claims for compensation for injuries sustained by resorting to common law tort of negligence among others, the burden of which is better imagined.

Keywords: Mitigating, Agony, Third Party, Claimant, Aviation, Industry.

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