The Nigerian Civil Aviation Authority and Federal
Competition and Consumer Protection Council were joined as defendants in the
suit which processes were obtained by The Punch in Abuja on Thursday.
We learnt that out of the three defendants, only the 2nd
defendant (NCAA) filed a conditional appeal, meaning that the court did not
have jurisdiction to hear the matter.
The plaintiff in the suit marked CV/093/2022 filed by his
counsel, Ayodele Gatta and Dayo Ayilara also demanded N100 million “for the
agony, trauma, mental torture, embarrassment and public disrepute”, to which he
was subjected as a result of the defendant’s reckless and most irresponsible
acts.
He also asked for N25 million jointly and severally, being
the cost of the litigation against the defendants.
The plaintiff also claimed N200,000 “special damages”
against Dana Air Limited for the purchase of alternative tickets on the days in
question and “other incidents expenses/costs occasioned by the unexpected and
unwarranted rescheduling and cancellation” of his flight on the days in
question.
Ogunkuade asked the court to pronounce a perpetual
injunction restraining the first defendant (Dana Air Limited) “from plying or
operating in the Nigerian Airspace for a period of ten calendar years.”
He asked the court to make an order compelling the 2nd and
third defendants (NCAA and FCCPC) to sanction Dana Air Limited “by withdrawing
its operating license in the Nigerian airspace, or in the alternative, placing
it on a minimum of ten years suspension of operation, from the date of judgment
of this Honourable court.”
The claimant said that on two occasions, he had his
time-bound and very critical official assignment flights/trip cancelled by Dana
Airline Limited without alternative provisions by the air carrier, thereby
leaving him stranded, traumatised, helpless and in deep stress and
embarrassment.
According to him, his letters to the NCAA and the FCCPC
requesting them to sanction the reckless airline were not given the appropriate
consideration/action.
The judge has fixed the case till May 11 for hearing.
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