A Federal High Court in Lagos, Nigeria, has awarded ₦53 million in damages to a Nigerian passenger, Mr. Stephen Osho after British Airways breached its passenger contract and treated Mr. Osho unfairly. The judgement, entered by Justice Ibrahim Kala, awarded Mr. Osho ₦50 million in general damages, and ₦3 million for cost of litigation after the airline failed to deliver Mr. Osho’s checked baggage on Flight BA307 from Paris to London on December 2, 2022.
The Federal High Court determined that Mr. Osho suffered undue hardship, inconvenience, and financial loss as a result of the airline’s negligence.. British Airways argued that Mr. Osho was responsible for his situation and requested that the court limit any monetary damages to ₦60,000.
The Defendants’ position was found by the Court to be untenable, as the Judge emphasized that the Montreal Convention of 1999 to which Nigeria has signed and incorporated into the Nigerian Civil Aviation Act, expressly provides compensatory relief for a proven loss.
This tonne of judgement raised issues pertaining to the rights of passengers and the legal and commercial obligations of airlines to comply with their contracts of service. Legal analysts have referred to the judgement, as a landmark decision with potential to impact the way future litigation in Nigeria’s aviation sector is litigated, since this ruling has provided passengers with some potentially stronger basis to pursue airline crisis claims against international carriers operating in Nigeria.
British Airways had been previously been defending the action, much to the delight of aviation and legal attention in Nigeria, as the Federal High Court will enforce consumer protections against organizational neglect. There are suggestions from industry watchers’ that this ruling will cause international air carriers to strengthen their compliance with international aviation regulations and obsess about similar liabilities going forward.
The High Court’s decision is consistent with recent public air travel complaints filed by Nigerian passengers against host and foreign carriers, alleging unfair treatment, poor service, and blatant disregard for passenger rights. The ruling has been well received by consumer rights advocates, and it is hoped that it will help to restore confidence in air travel by providing a deterrent and forcing airlines to recognize and respect passengers’ rights.
This ruling now obligates British Airways to make full payment to the affected passenger, and there is a risk of similar litigation from other aggrieved passengers in Nigeria seeking similar legal redress on any terms.
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