A former legal adviser in the office of the national security adviser, Mr. Sanya Ogunkuade, has sued Dana Air at the FCT High Court, Abuja for alleged breach of agreement and flight cancellation without alternative arrangements.
The plaintiff who filed the case before Justice A. O. Ebong is claiming N125 million as damages.
The Nigerian Civil Aviation Authority (NCAA) and the Federal Competition and Consumer Protection Council (FCCPC) are joined as co-defendants in the matter.
As of yesterday, only the second defendant, NCAA, out of the three had filed a conditional appeal, meaning that the court did not have jurisdiction to hear the matter.
The plaintiff in the suit marked CV/093/2022 filed by his counsel, Ayodele Gatta and Dayo Ayilara also demanded N100 million “for the agony, trauma, mental torture, embarrassment and public disrepute”, to which he was subjected as a result of the defendant’s reckless and most irresponsible acts.
He also asked for N25 million jointly and severally, being the cost of the litigation against the defendants.
The plaintiff also claimed N200, 000 “special damages” against the air line for the purchase of alternative tickets on the days in question and “other incidents expenses/costs occasioned by the unexpected and unwarranted rescheduling and cancellation” of his flight on the days in question.
Besides, the litigant asked the court to pronounce a perpetual injunction restraining the first defendant (Dana Air Limited) “from plying or operating in the Nigerian Airspace for a period of ten calendar years.”
He asked the court to make an order compelling NCAA and FCCPC to sanction Dana Air Limited “by withdrawing its operating license in the Nigerian airspace, or in the alternative, placing it on a minimum of ten years suspension of operation, from the date of judgment of this honourable court.”
The claimant said on two occasions, he had his time-bound and very critical official assignment flights/trip cancelled by Dana Airline Limited without alternative provisions by the air carrier, thereby leaving him stranded, traumatised, helpless and in deep stress and embarrassment.
He said his letters to the NCAA and the FCCPC requesting them to sanction the reckless airline were not given the appropriate consideration/action.
Justice Ebong fixed May 11 for hearing in the matter.
