The Federal High Court in Lagos has ordered Dana Airlines Limited to pay ₦5.5 million in damages and legal costs to a passenger over an 11-hour delay on a domestic flight.
Justice Yellim Bogoro, in a judgment delivered on May 25, ruled that the airline breached its contractual obligation to transport passenger Babajide Idowu from Abuja to Lagos as scheduled on July 5, 2018.
The court awarded Idowu ₦5 million in general damages and an additional ₦500,000 as solicitor’s fees.
Idowu had told the court that Flight 9J-356, which was scheduled to depart Abuja at 12:33 p.m., was repeatedly postponed, leaving him and about 70 other passengers stranded at the airport for approximately 11 hours.
According to him, airline officials repeatedly asked passengers to remain patient but did not provide a clear explanation for the delay. He eventually arrived in Lagos at about 11:10 p.m.
Dana Air denied liability and argued that the delay was caused by safety directives from the Nigerian Civil Aviation Authority (NCAA). The airline also claimed that passengers had been informed through email notifications and airport announcements.
However, Justice Bogoro said Dana Air failed to provide documentary evidence proving that the delay was caused by the alleged NCAA safety directives or that the airline had taken reasonable steps to prevent the disruption.
The judge noted that once an airline accepts a passenger’s ticket, it assumes a contractual obligation to transport the passenger in accordance with the agreed terms.
Relying on the Civil Aviation Act and the Montreal Convention, the court held that airlines may be liable for damage caused by flight delays unless they can demonstrate that they took all necessary measures to prevent the damage or that such measures were impossible.
The court also accepted Idowu’s claim that the prolonged delay caused him psychological trauma and awarded damages accordingly.
Court Dismisses Dana Air’s Counterclaim
The court also dismissed a counterclaim filed by Dana Air, in which the airline sought ₦10 million in damages.
Dana Air had argued that the lawsuit and media reports surrounding the dispute damaged its reputation, reduced passenger patronage and caused financial losses.
Justice Bogoro rejected the claim, stating that the airline failed to provide evidence that Idowu initiated the media reports or that the reports directly caused any measurable financial loss.
The judgment reinforces passengers’ rights in Nigeria and highlights airlines’ responsibilities when flights are delayed or disrupted.
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