A former Legal Adviser in the Office of the National Security Adviser, Sanya Ogunkuade, has dragged Dana Air Limited before Justice A. O. Ebong of a High Court of the Federal Capital Territory in Abuja over 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 also claimed N100 million in the suit marked CV/093/2022 filed by his lawyers, Ayodele Gatta and Dayo Ayilara, “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 requested N25 million in damages, which he claimed was the expense of the action against the defendants.
The plaintiff further sought N200,000 in “special damages” from Dana Air Limited for the cost of alternative tickets on the days in issue, as well as “other incident expenses/costs” incurred as a result of his flight’s “unexpected and unwarranted rescheduling and cancellation.”
For a period of 10 calendar years, Ogunkuade sought the court to issue a perpetual injunction prohibiting the first defendant (Dana Air Limited) from “plying or operating in the Nigerian Airspace.”
He asked the court to issue an order requiring the second 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 ten-year suspension of operation, beginning on the date of this Honourable court’s judgment.”
The claimant claimed that Dana Airline Limited cancelled his time-sensitive and crucial official assignment flights/trips on two occasions without providing alternative arrangements, leaving him stranded, traumatized, powerless, and in significant stress and disgrace.
His letters to the NCAA and the FCCPC demanding that the careless airline be sanctioned were not given the proper consideration or action, he claims.
The judge has scheduled a hearing for May 11th.
