“Sanya Ogunkuade, a former Legal Adviser in the Office of the National Security Adviser has filed a lawsuit against Dana Air Limited before Justice A. O. Ebong of a High Court of the Federal Capital Territory in Abuja over the alleged breach of agreement and flight cancellation without alternative provisions.
The Nigerian Civil Aviation Authority and Federal Competition and Consumer Protection Council were joined as defendants in the suit which processes were obtained by The Punch in Abuja on Thursday.
The Punch reported that out of the three defendants, only the 2nd defendant (NCAA) 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 Dana Air Limited 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.
Ogunkuade 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 the 2nd and third defendants (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 that 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.
According to him, his letters to the NCAA and the FCCPC requesting them to sanction the reckless airline were not given the appropriate consideration/action.
The judge has fixed the case till May 11 for hearing.
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