Amanze Chinonye
The Federal High Court in Lagos has ordered British Airways to pay ₦50 million in damages to a Nigerian passenger, Mr. Stephen Osho, for breach of contract of carriage and unfair treatment.
Delivering judgment, Justice Ibrahim Kala held that Osho had successfully proved that the airline violated its obligations under the international contract of carriage when it failed to provide the service for which he had fully paid. The court found that Osho suffered undue hardship, inconvenience, and financial loss as a result of British Airways’ conduct.
Join our WhatsApp ChannelIn its defence, the airline argued that Osho was responsible for his own predicament and urged the court not to grant compensation. Counsel for British Airways further contended that, if any costs were awarded, they should not exceed ₦60,000. Justice Kala dismissed the argument as untenable in light of the facts presented.
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In addition to the damages, the court awarded ₦3 million as costs of the action, citing litigation expenses, the protracted duration of the case, legal representation, summons fees, and the declining value of the naira.
The court based its ruling on the Montreal Convention, 1999, as domesticated under Nigeria’s Civil Aviation Act, which governs claims arising from international air carriage. While the Convention prohibits punitive or exemplary damages, it permits compensatory relief where passengers prove actual losses.
The judgment is seen as a major victory for air passengers in Nigeria, many of whom have long complained of unfair treatment, delays, and inadequate compensation by international carriers. Legal analysts say the ruling could embolden more Nigerians to challenge airlines in court when contractual obligations are breached.
British Airways has not yet issued a statement on whether it will comply with the ruling or appeal the decision.
The ₦53 million award signals a tougher stance by Nigerian courts on passenger rights and airline accountability, especially in cases involving international carriers.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
