A Federal High Court in Lagos has ordered British Airways to pay N50 million in damages to a Nigerian passenger, Mr. Stephen Osho, following a breach of contract of carriage and unfair treatment by the airline.
Justice Ibrahim Kala delivered the judgment, holding that British Airways violated its obligations under the international contract of carriage when it failed to deliver Mr. Osho’s luggage on Flight BA307 from Paris to London on December 2, 2022.
The court found that the passenger endured undue hardship, inconvenience, and financial loss due to the airline’s negligence.
The airline had argued that Mr. Osho was responsible for the loss of the luggage, citing an old Air France tag on the bag as a reason. However, the court dismissed this defense as baseless, stating that British Airways failed to provide reasonable justification for the loss and could not absolve itself of liability.
In addition to the N50 million in general damages, the court also awarded Mr. Osho N3 million to cover the costs of the legal action, citing the prolonged nature of the case and incurred expenses.
The ruling was based on the Montreal Convention of 1999, domesticated under the Nigerian Civil Aviation Act, which governs claims related to international air carriage. While the Convention prohibits punitive damages, it allows for compensatory relief when actual losses are proven.
Mr. Osho had filed the suit in August 2023, seeking redress for the airline’s failure to fulfill its contractual obligations. The court’s decision marks a significant victory for consumer rights in Nigeria’s aviation sector.
This landmark judgment sends a strong message to airlines operating in Nigeria about the importance of adhering to contractual obligations and treating passengers fairly.
