I still find it DIFFICULT to believe the interview I read online that Prof. Epiphany Azinge, notable professor of law actually believes himself he will sue the People’s Republic of China (PRC) or any sovereign State for that matter, in a court in Nigeria.
Is it true Azinge said this?
But it sounds true because he mentioned the jurisdictional issues. I still don’t know on which law he would hinge his suit.
It doesn’t sound nice that people of high standing and knowledge would deliberately walk into a self laid landmine for popularity. Quite difficult to believe how a sovereign State would be sued in the municipal court of another sovereign State.
Azinge knows there is no Nigerian law on which it can sue even the Wuhan Virology institute in Nigeria.
US, the only country that tries such has a law to that effect. That is the law on which the likes of the Saro Wiwa family sued Shell International in US because Shell is also a company in US and that law recognises any action of its subsidiary as action of the mother company and therefore legal action can be instituted against any of its branch in US… That is the ALIEN TORTS CLAIMS ACT. It was tested in the famous Filartiga vs Pena Irala case , 1980, where a Uruguayan couple that claimed the government of their state subjected them to torture sued a state official, Pena Irala, in the defunct regime who was resident in US during the litigation. Torture is crime against humanity, the highest level of crime in International law (jus cogens) and criminalized by all nations of the world.
If Azinge and his team of 16 SANs as claimed sue the Wuhan Virology institute, for instance the court out of any magic assumes jurisdiction to hear him, how would it apply the judgment?
What will be the charge? Will the damage to be claimed lie within International jurisdiction or crime against humanity? What law localizes such charges in Nigeria?
How would Azinge compel PRC to appear before the Nigerian court and under what law?
Even US that is known for highest level of international law rascality can’t try it because of the futility.
Respectable people should rather ply their trade in respectable manner also
If Azinge were talking about approaching an international human rights commission, then there might be a case of whether as a group, that is not party to the international treaty that instituted such commission, can bring such complaint. Which is still highly arguable.
He rightly mentioned no intention to persuade Nigeria to sue China, as according to him, they don’t see Nigeria yielding to that diplomatically speaking.
Even if Nigeria is to sue China, it can’t be at any Nigerian court.
Even those of us who are infants in International law know that Azinge is up to NOTHING substantial or at best up to mere public drama
@IKENNA EMEWU
