A Nigerian, Mr Adetunji Adebayo, Director at Davimu Enterprises Nigeria Limited, has cried out on a matter bordering on violation of his conventional right to fair trial in the city of London.
The violation according to Adetunji Adebayo is by way
of excessive delays attributed to the court in breach of reasonable time
requirement for providing him with a listing notice of dealing with referenced
case CO/2624/2020 Davimu Enterprises Nigeria Limited vs Chartered Institute of
Arbitrators.
The Nigerian told us that, “the matter taken to the
court is the decision of the Chartered Institute of Arbitrators decision
refusing duty to confirm or deny our request for information made under UK
Freedom of Information Act 2000 (FOIA) in connection with information about the
outcome of an investigation taken by them into our two element of complaint of
misconduct against their member by the name Mr. Mathew Hearsum on 16/06/2014 in
connection with an advisory arbitration between our company vs Crane Process Flow
Technologies Limited (UK).”
He declared that an interim application notice on
13/07/2020 was sent to the administrative court by a covering email on
14/07/2020 containing a telephone hearing request and which has already been
sent on 13/07/2020 to the respondent in which the order is sought against in
accordance with CPR23.4(1).
“The covering email on 14/07/20202 has already informed
the court about our compliance with the CPR23.4(1) with evidence of posting of
full disclosure and also has introduced the participants for the telephone
hearing with their details.
“We are relying on the covering email as factual
evidence in support of the alleged violation. The basis of the alleged
violation of reasonable time required by the court in providing the listing
notice of our interim application notice in breach of CPR PD23A, para. 2.2
which directs that on receipt of an application notice with a hearing, the
court will immediately notify the applicant of the time and date for the
hearing of the application.” Adetunji Adebayo pointed out.
Furthermore, the Nigerian claims that, “We have requested for the listing notice in the
covering email on 14/07/2020 but the court has not com plied with the practice
direction already mentioned in the CPR.’’
Adebayo insists that the non-compliance with the
protocol sighted above is an unlawful act by the court which is referred to in
section 6 (1) of the HRA and also incompatible to the right of a hearing of the
case within reasonable time in article 6(1) ECHR.
Pressed to the wall, the Nigerian has given an
ultimatum. “We are now giving the court the last opportunity to choose the path
of honour in considering and redressing the alleged violation based on the
breach of the protocol already mentioned.”
And, “If no redress is provided in the next couple of hours, then we shall proceed to the ECHR with the alleged violation.” Adetunji Adebayo
added.
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