The family of late Deji Falae, the son of a former Governor of Ondo State Olu Falae, on Wednesday urged a Federal High Court in Lagos to hold Associated Aviation Nigeria Ltd and the Nigeria Civil Aviation Authority (NCAA) culpable for his (Deji Falae) death in a tragic air crash in 2013.

The deceased was serving as Commissioner in Ondo State and was a passenger on board Flight 361 that crashed on October 3, 2013 while conveying the remains of former Ondo State Governor the late Olusegun Agagu for the funeral.

The late Falae’s wife, Ese and three teenage children are claiming damages from the defendants for alleged negligence.

They are claiming $100,000 as general damages and N219,906,250 which the deceased would have earned in 15 years as a lawyer, commissioner owner of a construction firm had he not died.

They are also seeking in the alternative, N108,527,750, £160,740 and $19,000 as special damages for alleged breaches of the defendants’ respective duties under the Civil Aviation Act 2006, Fatal Accident Act 1846 and Fatal Accident Law of Lagos State.

They also prayed for N5million as cost of filing the suit and legal fees, and 10 per cent interest on the post-judgment sum.

The family claims that Associated Aviation, which operated the chartered aircraft, breached Section 74 of the Civil Aviation Act 2006 by failing to procure a legally binding insurance policy covering its liabilities, including compensation for damages that may be sustained by third parties.

They also want the court to hold that the company breached statutory duties imposed by Section 55 of the Act when its aircraft at about 9.32 am, a minute after take-off, crashed just outside the aerodrome and caused the deceased’s death.

“The first defendant flew its Flight 361 in such as manner as to cause danger to the occupiers of the aircraft and indeed caused the death of the deceased.”

“The only inference that can be drawn from the circumstances of this incident is that the first defendant was negligent or lax in carrying out its duties to the occupiers of the flight,” the plaintiff said.

The plaintiff said the NCAA also failed in its duties to ensure that the aircraft was safe to fly.

“By virtue of Section 31 (f) of the Civil Aviation Act 2006, the second defendant has a statutory duty to ensure efficiency and regularity of air navigation and the safety of aircraft, persons and property carried in the aircraft and for preventing it from endangering persons and property,” it said.

NCAA however averred that the aircraft was airworthy as at the time of the crash and had a valid certificate of air worthiness.

“The investigation conducted by the Accident Investigation Bureau did not indict the second defendant (NCAA),” it said.

It added that the aircraft was insured as at the time of the crash.

“The aircraft was used for charter and while on ground, all required routine maintenance were carried out effectively,” NCAA said.

Justice Hadiza Shagari subsequently adjourned the matter till July 10.

Nigerian Tribune

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