Corruption in the UK? Court denies Nigerian, convention right to fair trial in London - Paul Ukpabio's Blog


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Friday, 14 August 2020

Corruption in the UK? Court denies Nigerian, convention right to fair trial in London

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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