A former director general of the Nigerian Institute of Advanced Legal Studies, Prof. Epiphany Azinge (SAN), has served a notice of class action against the National Health Commission of the Peoples Republic of China, demanding the immediate payment of $200billion (N80 trillion) as the compensation for the spread of Coronavirus to Nigerians.
The professor of law, in a letter addressed to the minister, Chinese Health Commission in Beijing and dated May 18, 2020, said the demand was on behalf of Nigerians who were injured and adversely affected by the coronavirus pandemic that broke out in Wuhan, China.
According to the senior advocate, the commission has within the next 14 days to effect the payment, adding that failure to so do by June 1, 2020, his firm would commence appropriate legal action against them in Nigeria without further notice.
“Our clients and the peoples of Nigeria and elsewhere have, in consequence of the situation, been forced to commit scarce resources in combatting the COVID-19 pandemic. With the completely paralysed economic situation in the country, Nigeria has been losing $2.7billion worth of business daily with no sign of possible recovery, affecting the ports, oil and gas, markets, transportation (land sea and air), stock trading, services, ports, among others. Our clients and the citizens of Nigeria have suffered greatly.
“Various palliative measures are being undertaken through cash transfers, food supplies, and so on, funded through further external borrowings and more. All these have adversely affected the welfare of our clients.
“Be informed, therefore, that this letter serves as a notice to bring to your attention, that as a result of the stated injuries suffered by our clients, we demand the payment of the said $200 billion within the next 14 days from the receipt of this letter by you/your office and through the embassy of China in Nigeria,” Azinge declared.
According to the lawyer, the Wuhan Institute of Virology is administered by the Chinese Academy of Science and also accountable to the Chinese Centre for Disease Control and Prevention; all of which are subordinate agencies to the National Health Commission. In consequence, he said, the conduct of the institute is attributable to the government of China.
His words: “China owes other nations a duty of care not to cause injuries to their interest or embark on acts likely to cause them harm like the COVID-19. Also, China is a signatory of several international protocols and conventions prohibiting wrongful acts likely to cause harm, disaster or loss of lives. The conduct of the institute and consequently China demonstrates gross negligence and wrongful conduct. The instrument binding states, which is the Responsibility of States for Internationally Wrongful Acts 2001 provides in article one ‘that every international wrongful act of a state entails the inter-national responsibility of the state’”.
