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Mbanefo: Nigeria's gift to international maritime law

Published by Guardian on Tue, 21 Aug 2012


LOUIS Nnamdi Mbanefo, a Senior Advocate of Nigeria (SAN), is an undisputable silent achiever in maritime law practice. His achievements and influence in the legal world, especially in his area of specialisation, is self-evident. His professional competence and dexterity in Maritime law practice is simply ethereal.For decades, Mbanefo, 68, bestrode the Maritime law practice like a Colossus, displaying an unmatched level of professional wizardry that transcends international boundaries. Vivacious, amiable and unassuming, Mbanefo seems to enjoy doing the work unsung and at the background. He can best be described as the unseen hand and the unheard name in Nigeria's shipping laws. In fact, he is Nigeria's expert in Maritime law.He has participated in much of the major shipping litigations in the Federal High Court, the Court of Appeal, as well as the Supreme Court of Nigeria.It is also to his credit that he undertook the comprehensive revision and compilation of the Nigerian Shipping Legislation, an exercise, which culminated in the publication in 1983 of Nigerian Shipping Law. The work is the main reference material on Nigerian shipping laws.Mbanefo also served as the secretary of the Nigerian Maritime Law Association (NMLA). As the secretary of NMLA, he participated in the three Committee Maritime International (CMI) Salvage Conventions in Montreal in 1981 and also in the Lisbon Convention in 1985 on Arrest of Ships and Liens and Mortgages. In April 1988, he spearheaded the NMLA co-sponsorship of an international seminar in Lagos on Carriage of Goods by sea with the CMI. He also attended the CMI Conference in Paris in June 1990 and participated in the preparation of a draft Convention on Sea Waybills.Consequently, he was appointed the consultant to the International Maritime Organisation (IMO) and sub-contractor in the project of reviewing and updating Nigerian Shipping Legislation and incorporating IMO Conventions in June 1987. The exercise was concluded in June 1988 and resulted in his preparation of drafts of 53 shipping laws for the Nigerian government.Impressed by his skills and experience, the governing council of the International Maritime Law Institute, University of Malta, in October 1988, appointed him a visiting professor at the IMO.Two years later, in 1990, he was appointed the consultant of the IMO in the project of advising the Kenya government on the reviewing and updating of its maritime laws.Expectedly, he excelled in that task and that earned him another task. The Federal Government of Nigeria in April 1993 appointed him chairman of the Board of Directors of the Nigerian National Shipping Lines Limited.In 1997, he was appointed vice-president of the Nigerian Maritime Law Association. Four years later in 2001, he became chairman of the Nigerian Maritime Law Association.For his immense contribution to maritime law, locally and internationally, he was in October 2009 elected to the Executive Council of the International Maritime (CIM) Law Association - the first African in the 100-year history of the association. He represented the African continent.He was subsequently appointed President of the Nigerian Maritime Law Association in 2010.He was born on September 23, 1944, in Onitsha, Anambra State, Nigeria, to late Sir Louis Mbanefo and Lady Elizabeth Mbanefo. His father was Chief Justice of Eastern Nigeria and a judge Ad Hoc of the International Court in The Hague. This is how he recalled the parental influence he received from his father: 'I grew up under the watch of a father who was already a distinguished judge. He sent me to school in England at the age of 10. So, I went through the English education system.'But before he travelled out of the country at that tender age of 10, he first started his primary schooling in Holy Trinity School, Onitsha and Township School, Warri. He also attended St. Michael's School, Devon, United Kingdom (UK). When he completed his primary education, he began his secondary school at Marlborough College, Wiltshire, UK.Mbanefo did not study law by accident, rather he grew up desiring to study law. This, he said, was because his family members were already calling him lawyer as a toddler on account of his incessant questions. 'I didn't dabble into law. They said as a child I was always asking questions. And everybody said I was going to be a lawyer. So I grew up with the feeling that I was going to be a lawyer. I never had any doubt that I was going to be a lawyer, although my father was a great source of inspiration in my quest to realise that dream', he stated.Between 1964 and 1967, he was an undergraduate law student at Queens' College, Cambridge University, England. In 1967, he earned what was then called Law Tripos - Bachelor of Arts Honours Degree in Law after passing English Bar Examinations. Without hesitation, he immediately enrolled for a postgraduate study in International Law atQueens' College, Cambridge and bagged hisMaster of Laws Degree in 1968.He was subsequently called to the English Bar as a member of the Honourable Society of the Middle Temple in November 1968.Between 1968 and 1970, he worked as a pupil barrister for six months at Common Law Chambers of Desmond Ackner, Queens Counsel (QC). He was also at the Commercial Law and Maritime Chambers of Michael Kerr QC for six months and lastly, a nine-month spell at the Criminal Law Chambers of John Buzzard QC. Incidentally, his first day in court was in England.This is how he captured the experience: 'My first day in court was in England. I went to court with my principal then, Desmond Ackner, QC, who was doing some prosecution. One of the cases was called up and there was nobody to defend it. So he told the judge, 'my people here will defend', taking me by surprise. The judge asked me, Mr. Mbanefo, would you defend' I found myself in a fix and agreed.'Armed with the experience garnered from the three renowned chambers, he joined the British Civil Service as legal assistant to Her Majesty's Treasury Solicitor, Whitehall, London, as a specialist in civil litigation from May 1970 to August 1972.After he had voluntarily resigned from the British Civil Service in August 1972, he immediately returned to Nigeria to attend the mandatory course at the Nigerian Law School, Lagos. He succeeded in doing that and in June 1973, he was called to the Nigerian Bar.He subsequently joined the Chambers of Chief Godfrey K.J. Amachree in Lagos where he specialised in Company and Commercial Law.By September 1974, just about one year after being with Amachree Chambers, he formed Law Partnership with his cousin, Mr. Patrick M. Mbanefo, specialising in company, commercial and maritime law. The chamber was named Mbenefo & Mbanefo.He was appointed a Notary Public of Nigeria in February 1978. Ten years after the legal partnership with his cousin, he decided to set up a personal firm - Louis Mbanefo & Company in 1984. Four years later, in 1988, the Council of Legal Practitioners and Privileges Committee conferred on him the rank of Senior Advocate of Nigeria (SAN), an equivalent of English Queen's Counsel. According to him, one of his contemporaries is Professor Itse Sagay (SAN).He also recalled one of the most memorable cases he handled in Nigeria as a young counsel. His words: 'My most memorable case was the celebrated and controversial murder trial of Mr. Gaji, a lawyer in Kaduna, who was accused of killing his Igbo girl-friend for ritual purposes. Those allegations were unfounded. So, I defended him. He eventually got a 12 years' sentence for manslaughter.'Besides law practice, Mbanefo is an accomplished author. His scholarly articles and monographs adorn various local and international law journals and libraries. His major publications include Nigerian Shipping Cases comprising Volume 1 (published 1987) and Volume two (published in 1988) are case books on Nigerian court decisions covering the years 1907 to 1979 and 1980 to1986.Volume three covers the years 1987 to 1990, while Volume four covers the years 1990 to 1993. Also, Volume five covers the years 1993 to1995; Volume six covers the years 1996 to 1997; Volume seven covers the years 1997 to 1998. Volumes eight, nine and 10 cover the years 1999 to 2001, 2001 to 2003 and 2003 to 2008.His other publications are: Nigerian Shipping Practice and Procedure, Essays on Nigerian Shipping Law and Consolidated Index of Nigerian Shipping Cases and Statutes, 1907 - 2008. All those are in addition to myriad of works on Nigerian shipping cases.His hobbies include music, reading and walking. He is an amateur classical concert pianist. 'I love music so much and I have performed in various concerts. I was one of the founders of Musical Society of Nigeria (MUSON) Centre together with Chief Akintola Williams, Chief Ayo Rosiji and others. We formed it in 1983. Right from inception, I was the chairman of the Active Committee of the MUSON who were in charge of all the concerts. I performed in over 100 concerts in the MUSON over a period of 18 years. I was the vice chairman of the MUSON for eight years. I took over as chairman and served thereafter for six years. I retired about 10 years ago. I am now a patron', he stated. In fact, in October 1995, he was appointed chairman of the Board of Trustees and Board of Governors of MUSON.A devoted Anglican and church organist, Mbanefo is chairman, Board of Trustees of St. Saviour's Schools, Ikoyi and Ebute Metta, Lagos and is a director of the Sickle Cell Foundation of Nigeria. He was also a member of the Management Committee of the Metropolitan Club, Victoria Island, for 10 years.He got married in November 1973 to Mrs. Monica Mbanefo (nee Uwechue). His wife, who is also a lawyer, retired as a Director of the Technical Cooperation Division of the International Maritime Organisation (IMO) of the United Nations in London. They have three children - a daughter and two sons.He enjoys indigenous, Chinese, Western and Indian foods and likes the blue colour.
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