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The Federal High Court sitting in Lagos has awarded N5.5 million in damages and legal costs against Dana Airline Limited in favour of Babajide Idowu Esq over the delay of his flight in 2018.
Justice Y. Bogoro delivered the judgment on May 26, 2026, according to the Certified True Copy (CTC) of the judgment obtained by Nairametrics.
Lekan Ikuomola, Esq., of Ayodeji, Babajide and Lekan Partners, filed a writ of summons in November 2019, seeking, among other reliefs, a declaration that Dana Airline breached the Contract of Carriage between it and the plaintiff when it failed to transport his client at the scheduled time on July 5, 2018, and instead delayed the flight for about 12 hours.
The lawyer cited Section 48(2) of the Nigerian Civil Aviation Act, 2006, and Schedule III to the Act.
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He also sought damages against the airline, including the cost of solicitor’s fees incurred as a result of the delay.
Ikuomola argued that about 70 other passengers were also affected by the airline’s repeated postponements and delays of the flight.
However, the airline filed a counterclaim.
What the court said
In his judgment, Justice Bogoro held that both the plaintiff and the defendant agreed that the flight was delayed.
He observed that the airline never denied the delay but instead sought to justify it within the ambit of the permissible protocols governing flight delays.
The judge cited the legal position that:
- “Once a passenger purchases a ticket and the airline accepts it, a contractual relationship arises. As such, ordinarily, the airline defendant in this case must perform its obligation to carry the plaintiff as agreed.”
Citing the Civil Aviation Act, 2006, the judge further held:
- “In the case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the carrier for each passenger is limited to $4,150 United States Dollars.”
He explained that the provision, in effect, means that a carrier will not be liable only if it proves that all necessary measures were taken to avoid the damage caused by the delay.
After reviewing the exhibits and evidence before the court, the judge held that he found no evidence presented by the airline showing that it or its regulators could not have taken measures to avoid the delay.
- “In this instant case, there is abundant evidence that the plaintiff was not transported by the airline at the scheduled time,” he said.
Consequently, the judge agreed with Ikuomola that his client had proved his entitlement to litigation costs and general damages to compensate for harm that was not readily quantifiable in monetary terms.
The court accordingly declared that Dana Airline breached the Contract of Carriage between it and the plaintiff.
Justice Bogoro ordered the airline to pay the plaintiff N5 million in damages and N500,000 as solicitor’s fees.
Dana says delay was for safety
During the proceedings, Idowu testified that he suffered alleged psychological trauma as a result of the flight delay.
However, the airline’s legal team told the court that the delay was on the advice of the airline’s regulators for safety reasons.
The company maintained that all passengers were duly informed via email and through announcements at the airport.
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In 2025, the Minister of Aviation and Aerospace Development, Festus Keyamo, disclosed that the Federal Government might liquidate Dana Air’s assets to refund passengers and travel agents whose funds remained trapped following the suspension of the airline’s operations.
He stressed at the time that the suspension of Dana Air’s operations was driven by safety concerns rather than commercial considerations.
What you should know
The judgment adds to the growing list of legal victories against active and suspended airlines in Nigeria.
- In October 2024, the Federal High Court in Abuja ordered Qatar Airways to pay former lawmaker Hon. Chukwuemeka Ujam a refund of $3,000, alongside N4.8 million in exemplary damages and costs, for cancelling his business-class flight to the United States.
- In April 2026, Justice James Omotosho of the Federal High Court in Abuja dismissed a suit filed by Air Peace Limited seeking to restrain the Federal Competition and Consumer Protection Commission (FCCPC) from issuing summons over numerous complaints by passengers nationwide regarding unrefunded ticket fares, cancelled flights, among other issues.
