Plane Crash: Court Of Appeal Absolves Nigerian Civil Aviation Of Liability Over Death Of Late Falae

*Upturns Judgement of Federal High Court Declaring NCAA Negligent For 2013 Air Crash
*Holds That NCAA Is Not An Aviation Carrier, And Only Carriers Can Bear Liability Under Civil Aviation Act

The Court of Appeal, Lagos has upturned a judgement of the Federal High Court against the Nigerian Civil Aviation Authority over alleged negligence resulting to the crash of an aircraft belonging to Association Aviation Ltd which led to the death of one Mr. Ayodeji Falae in 2013.

In the appeal BETWEEN NIGERIA CIVIL AVIATION AUTHORITY VS. MRS ESE LYNN FALAE, MASTER AYOMIDE FALAE, MISS. OMOWONUOLA FALAE, MASTER OREOLUWA FALAE AND ASSOCIATION AVIATION NIGERIA LTD, decided on the 22^nd of March, 2022, the Court of Appeal absolved the Appellant who were 2^nd Defendant at the Trial Court of liability for the crash of the 5^th Respondent (1^st Defendant’s) chartered aircraft in 2013.

According to the Brief statement of fact, the case of the 1^st-4^th Respondents as Plaintiffs atrial was that on the 3^rd of October, 2013, one Mr. Ayodeji Falae (deceased) and some other Ondo State Government officials boarded the 5^th Respondent’s flight 361 chartered to lift the remains of late Olusegun Agagu to Akure.

According to the Plaintiffs, few minutes after take-off from the Murtala Mohammed Airport, Lagos, the aircraft crashed outside the aerodrome and killed the deceased.

This therefore led the Plaintiffs who are the bereaved to commence action against the airline, Association Aviation Ltd and the Nigerian Civil Aviation Authority seeking a number of reliefs which include a declaration that the Defendants were negligent leading to the death of the deceased, that both Defendants breached their respective statutory roles under the Civil Aviation Act 2006, that the 1^st Defendant failed to exercise a duty of care amongst others. They also prayed the Trial court to order the payment of US$100,000 as general damages for breach of duty by the Defendants amongst others.

Upon close of trial and final addresses by the parties, the Court delivered judgement in favour of the Plaintiffs against both defendants.

Dissatisfied with the judgement of the Trial Court, the Appellant instituted the Appeal to vacate the judgement concerning its (NCAA’s) negligence.

In his contention, Counsel to the Appellant, Emeka Okpoko SAN urged the Appellate to reverse the judgement of the Trial Court on the ground that under the Civil Aviation Act, the NCAA does not qualify as a carrier to bear liability for air accidents. He contended that aviation claims are sui generis can only be made in compliance with the Civil Aviation Act,  NOT common law, Fatal Accident Act of 1846 and Fatal Accident Law of Lagos State all relied upon by the Trial Court in deciding the case against the Appellant. He further argued that the law is trite when domestic or common law rights have been enacted into a statutory provision, it is the statutory provision that resort must be had for such right, and not the domestic/common law.

In deciding the appeal, the Court of Appeal per Abubakar Sadiq Umar held that the claims of the 1^st to 4^th Respondents is such that can only be decided by the Civil Aviation Act and the Montreal Convention. According to the Court, the Civil Aviation Act and the Montreal Convention inputs liability for negligence leading to an aviation accident to the “Carrier”.

In the Lead Judgement delivered by Abubakar Sadiq Umar JCA, the appellant not being a carrier cannot bear liability for the accident under the Civil Aviation Act. He held;

“It is my conclusion that the rights and liabilities of the parties can only be decided within the our view of the Civil Aviation Act and other conventions which it incorporates. Also, going by section 48(2) of the Civil Aviation Act, the Appellant, not being the Varrier in the instant appeal cannot be liable to the claims of the 1^st-4^th Respondents, i.e whether the sum of 100,000 USD or any amount in excess.”

The Court therefore resolved the appeal in favour of the Appellant.

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