Download This PaperCompensating Victims of Lagos Bomb Blast: The Limits of Private Law
Nigerian Law: Contemporary Issues. Prof. M.O. Ogungbe (ed.) College of Law, Igbinedion University, Okada, Edo State Nigeria (2003)
61 Pages Posted: 22 Apr 2008 Last revised: 29 Aug 2012
Abstract
On the 27th day of January 2002, at or about 4.00 pm, a loud bang was heard from or around the Ikeja Military cantonment. 1. The initial bang was followed by sporadic explosions of bombs and other military hardware stored within the premises of the cantonment. The bang created is loud tremor and earth movement in and around the whole Ikeja and its environs. 2. Balls of fire, smoke, fumes from gaseous substances, metals, and other combustibles escaped from the cantonment into neighbouring houses and premises, causing damage to properties and injuries and losses to residents and other victims and emitting tons of pollution into the atmosphere. 3. This incident, at which the Federal Government and the institutional tortfeasor (Nigerian Army) did little to help the bomb victims, informed this research work. The attitude of government raises many fundamental questions and issues on the right of an individual party vis a vis the state within the domain of civil wrongs and liabilities. In this stance there is the need to examine the legal remedies (if any) available to the victims of the blast under-our legal system with a view to making a tortfeasor accountable for his wrongs and appraising the existing legal regime as to its adequacy or otherwise. Some of the question begging for answer or issue raised by this incident include the following:
* Can the state commit wrong or crime against individuals, groups or corporate persons in the state?
* What rights does individual or group have against the state for civil wrongs (Torts) committed by the state against the individual or group?
* What are the limits (if any) or general hindrance facing individuals wishing to employ the private law regime towards redressing a wrong committed by the state?
* What other avenues, outside private law regime, are available for individuals to assuage and or compensate himself for the loss suffered from state wrongs?
* What are the legal regimes put in place to addressing the problem of National Disasters in Nigeria, and how adequate, effective and efficient are these legal regime?
* How does states in other jurisdiction addresses this kind of problem which borders on National disaster?
* What is the best practicable option available or that can be made available to address problem?
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