A Lagos High Court has ordered Air Peace to answer questions raised by the Foundation for Investigative Journalism on the libel suit filed by the firm on its aircraft operations from Lagos to Anambra State on October 12, 2022.
In the suit number: LD/ADR/4833/23 – Air Peace v. Foundation
for Investigative Journalism, Air Peace maintains that it adhered to safety
protocols and practices in compliance with safety directives and policies.
It challenged FIJ’s Interrogatory’s compelling answers to
questions regarding the aircraft used and flight operation, describing them as
“scandalous and irrelevant” to the libel suit. FIJ was dissatisfied with the
responses to the questions and filed an application compelling Air Peace to
answer the questions sufficiently objected to.
In the ruling, delivered on Thursday by the court, Justice
Jose upheld the argument of FIJ, represented by counsel Abimbola Ojenike and
Jesulayomi Oyelami of Slingstone LP, stating that the questions requesting for
the details of the first two aircraft designated to convey passengers are
relevant to the facts in issue and that they relate to the defendant’s case and
are capable of proving that the defendants are right.
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Accordingly, the court directed Air Peace to answer
Questions 1, 4, and 7 of the defendant’s Interrogatories within seven days of
the order’s grant.
“Question 1 – Provide the comprehensive description and
specification of the aircraft 5N-BUL initially scheduled for the operation of
Flight P47336 on October 12, 2022.
“The description should include the make, year, engine type,
and service information, including the most recent Aircraft Maintenance Checks
conducted prior to Flight P47336 on October 12, 2022, particularly but not
limited to any faults and or repairs on the systems.
“Question 4 – Provide the comprehensive specifications of
the technical issues discovered in the course of operation of Flight P47336 and
the circumstances which led to the change of the aircraft from 5N-BUL to
5N-BQQ.
“Question 7 – Provide the comprehensive descriptions and
specifications of the aircraft 5N-BQQ initially onboard the passengers for the
operation of Flight P47336 on October 12, 2022. The description should include
make, year, engine type, and service information, including the most recent
Aircraft Maintenance Checks conducted prior to Flight P47336 of October 12,
2022, particularly but not limited to any faults and or repairs on the
systems.:
The suit was, however, adjourned till May 23, 2024 for
further proceedings.
Recall that FIJ had reported that passengers aboard an Air
Peace aircraft flying from Lagos to Anambra managed to escape death after its
engine stopped working three times at the take-off point.
FIJ had reported that the aircraft, which was scheduled to
take off at 11 am, was delayed for two hours after the management of the
airline had earlier announced that the plane originally scheduled for the
Anambra trip had suddenly developed fault.
“The engine stopped three times and there was no explanation
until passengers asked to be allowed to leave the plane. The captain only gave
a vague explanation when the passengers expressed their concerns. He said the
DAC or something similar to that went off on us,” FIJ had quoted one of three
sources as saying.
“This was supposed to be a substitute plane as the first
couldn’t be used for technical reasons. If this lackadaisical attitude
continues, I fear they may record a crash soon. If we had flown today, we
likely would have crashed,” it added.
Airpeace subsequently instituted legal action against FIJ,
demanding N50 million for damages, N250 million for aggravated damages, and N5
million for the cost of legal action.