Poor Arik Air, the bad luck cannot just stop. But this one can change Nigeria, for good. Yes, an Abuja High Court has ordered Arik Air to pay N10 million to a passenger, Isa Modibbo, whose flight was delayed. That is not a small signal: people will follow through in other domains, and hold individuals and companies responsible. And if trial lawyers know that the justices are open to party, a wave will begin. That open to party is by the justices not dismissing the cases, but rather put them to legal tests. You may not like the trajectory but that is actually how a modern society evolves.
People sell fake tires, roofing sheets, etc in Nigeria with zero consequences. If Arik is penalized for delaying a flight, I am sure someone will sue for risks to his life over fake vehicle brakes. As that happens, our society will equilibrate.
Trial lawyers: sharpen your pen and sue owners of those property-and-life destroying trucks on Nigerian roads. You have Justice Danlami Senchi to help keep our roads safer. Game on…
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A Federal Capital Territory (FCT) High Court on Wednesday ordered Arik Air to pay N10 million to a passenger whose flight was delayed.
The passenger, Isa Modibbo, who is diabetic, reportedly missed an appointment with his doctor in Sokoto after his flight from Abuja which was scheduled for 10:30 a.m. was delayed to 6 p.m. on December 16, 2017.
Dissatisfied with the airline’s action, Mr Modibbo proceeded to file a suit against the airline for “infringing on his human rights”.
Ruling
Delivering judgment on Wednesday, Justice Danlami Senchi held that the failure of the airline to fulfil its contractual obligation of airlifting the plaintiff to Sokoto from Abuja at the stipulated time indicated on the flight ticket “is a serious breach of contract and infringement of the plaintiff’s right to free movement.”
Mr Senchi further held that the failure of the airline to respond to the request of the plaintiff for compensation due to the willful infringement “was a display of sheer arrogance which must not be allowed to continue.”
The judge also warned airline operators to respect the rights of passengers.
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This judgement is way overdue. Indeed I have been a victim of Arik Air’s arbitrary flight cancellations and changes without recourse to passengers. Attempts at getting a sense of reason for their actions is usually met with unusual arrogance, often followed with insults. All the major airlines are guilty: Aero, Arik, Air Peace, Azman….the lot.
I am super elated at this judgement which sets a clear precedence. Now I can make firm local travel plans and hold tight to my ticket….who knows, that may just be a ticket to some millions! Game on…
This is a very good development and we must all welcome this ruling.
I believe this would serve as a clear warning to the other airlines; It is no longer business as usual.
I had a personal experience last year whereby my flight was delayed by 7 hours from Lagos to Abuja. That was not funny at all!
I know there are countless others out there who have been greatly inconvenienced and probably had worse outcomes of such delays. Now we can be sure of justice being served.
It should not just be about airlines. Telecoms, Banks, etc must also be held accountable for any breach of contract.
Congratulations to the plaintiff! Kudos Justice Senchi!