Nigerian High Court Gives Air Peace 7 Days To Answer FIJ’s Queries On Lagos-Anambra Flight Over Reported Engine Problem
A Lagos High Court has made an order compelling Air Peace to answer questions raised by the Foundation for Investigative Journalism (FIJ) in a suit filed by the airline against the media organisation.
Air Peace filed a defamation suit numbered LD/ADR/4833/23 against FIJ over a report on the airline’s flight operations from Lagos to Anambra on October 12, 2022.
In the suit, Air Peace maintains that it adhered to safety protocols and practices in compliance with safety directives and policies. It challenged FIJ’s questions regarding the aircraft used and its flight operations, describing them as “scandalous and irrelevant”.
FIJ was dissatisfied with the responses to the questions and filed an application compelling Air Peace to sufficiently answer the questions objected to.
In the ruling delivered on Thursday by the High Court of Lagos State, Honourable Justice Jose upheld the argument of FIJ represented by counsel Abimbola Ojenike and Jesulayomi Oyelami of Slingstone LP.
According to the lawyers representing FIJ, the questions requesting the details of the first two aircraft designated to convey passengers are relevant to the facts in issue, and that they relate to the defendant’s case and are capable of proving that the defendants are right.
Accordingly, the court directed Air Peace to answer Questions 1, 4 and 7 of the defendant’s interrogatories within 7 days that the order was granted.
Question 1 says: Provide the comprehensive description and specification of the aircraft 5N-BUL initially scheduled for the operation of Flight P47336 on October 12, 2022? The description should include the make, year, engine type, service information including the most recent Aircraft Maintenance Checks conducted prior to Flight P47336 on October 12, 2022 particularly but not limited to any faults and or repairs on the systems.
Question 4 says: Provide the comprehensive specifications of the technical issues discovered in the course of operation of Flight P47336 and the circumstances which led to the change of the aircraft from 5N-BUL to 5N-BQQ.
Question 7 says: Provide the comprehensive descriptions and specifications of the aircraft 5N-BQQ initially onboard the passengers for the operation of Flight P47336 on October 12, 2022? The description should include make, year, engine type, and service information including the most recent Aircraft Maintenance Checks conducted prior to Flight P47336 of October 12, 2022 paricularly but not limited to any faults and or repairs on the systems.
The suit was adjourned to May 23, 2024, for further proceedings.
In October 2022, FIJ reported that passengers aboard an Air Peace aircraft flying from Lagos to Anambra narrowly escaped death after its engine stopped working three times at the take-off point.
FIJ reported that the aircraft, which was scheduled to take off at 11 am, was delayed for two hours after the management of the airline had announced that the plane originally scheduled for the Anambra trip had suddenly developed fault.
“The engine stopped three times and there was no explanation until passengers asked to be allowed to leave the plane. The captain only gave a vague explanation when the passengers expressed their concerns. He said the DAC or something similar to that went off on us,” FIJ had quoted one of three sources as saying.
“This was supposed to be a substitute plane as the first couldn’t be used for technical reasons. If this lackadaisical attitude continues, I fear they may record a crash soon. If we had flown today, we likely would have crashed.”
Air Peace subsequently instituted legal action against FIJ, demanding N50 million in damages, N250 million in aggravated damages and N5 million for the cost of legal action.
