Five lawmakers and four other Nigerians have instituted a N5 billion suit before a High Court of the Federal Capital Territory, Abuja against Azman Air Services Limited over an alleged breach of contract.
In an originating summons filed by the claimants’ counsel, Nkemakolam Okoro, dated November 1, the lawmakers are seeking an order of court, directing the defendant to pay the N5 billion as general damages. According to them, the action of the airline subjected them to psychological and emotional trauma, public embarrassment and loss of legislative hour.
The lawmakers included Agunsoye Rotimi, Benjamin Kalu, Ikengbo Dele Gboluga, Bala Kokani and Eke Dede. Other claimants are Alhaji Rijau Shehu Saleh, Dr Henry Archibong, Kabo Abdullahi Alhassan and Ahmed Mariya Bashir.
What the claimants are saying
According to the claimants, the negligent act of the airline kept them at the Kano airport from September 22 to September 23 which is a clear breach of the fundamental term of the carriage by air agreement.
Their flight which was scheduled to take off from Kano airport to land in Abuja airport on September 22 by 12:30 pm was delayed till September 23.
They are also pressing for an order of court directing the defendant to publish a written public apology in three national dailies, which are The Sun Newspaper, Thisday and the Guardian, for the public embarrassment caused to them.
They sought among other reliefs “A declaration that there exists a contract of carriage by air, between the claimants and the defendant given the flight tickets purchased by the claimants for Azman Air Flight ZQ2332, which was to convey the claimants from Kano to Abuja, on the 22nd day of September 2021 at 12:30 pm, for which the Defendant is under a strict legal and moral obligation to perform.
“A declaration that the defendant breached the fundamental term of the carriage by air agreement between it and the Claimant by its failure to convey the Claimants from Kano to Abuja, on Sept. 22, in accordance with the terms of the carriage by air agreement.”
What you should know
Azman Air Services Limited is a Kano-based domestic airline company established in 2010 by Abdulmunaf Yunusa Sarina. The airline operates scheduled domestic passenger services with its main base at the Mallam Aminu Kano International Airport, Kano.