Nigerian Business Woman Sues Airline for Assault

The Federal High Court, Ikoyi Lagos, has fixed Friday, March 9 this year, for the next ruling in the fundamental rights enforcement filed against a Turkish Airlines official by a Nigerian businesswoman, Tolulope Ogundokun, for alleged assault during her trip from the Istanbul Airport in Turkey en route London.

The Presiding Judge, Jus- tice Idris, fixed the date after entertaining arguments from Tolulope's lawyer, Mr. M.I Igbokwe, SAN and the counsel to the Defendant, Mr. Martins Okonmah.

In the suit, Tolulope’s is accusing the Airline of assault, delayed boarding, and delayed baggage delivery after four days of her journey.

The Plaintiff, Tolulope Ogundokun, had claimed that the Airline’s official, Serlim Tartan, had assaulted her after she enquired why she had SBY (standby) on her Boarding Pass, instead of a seat number.

“I got to the check-in Line C Counter, to enquire about why I had standby on my Boarding Pass. The Airline representative told me that the flight was overbooked, but I should go to the boarding gate, I may be considered if the area was not fully occupied.”

Ogundokun said she went to the Manager, Tartan, for further explanation, despite her confirmed ticket. But Tartan was said to have told her to go and check their website, that a confirmed ticket did not guarantee a seat on the aircraft. His words: “I don’t have time for you”.

She continued: “He told me I could stand there, and keep asking him questions. He threatened that if I persisted in knowing why I was put on standby, he would not allow me on the flight or he would remove my checked-in luggage from the aircraft”.

According to the Plaintiff, when Tartan discovered she made video recording of his ill manners, Ogundokun alleged that Tartan hit her hand continuously, with efforts to seize the phone from her. “After such assault and much delay, I got to

London but found out my checked-in luggage wasn’t on the plane as he had threatened. I received my luggage four days later”.

Returning to Nigeria, Ogundokun through her Solicitor, Igbokwe, sued the Airline in Suit No. FHC/L/CS/439/2017 for delayed boarding and delayed baggage. Hence, Tolu is claiming, among others, for the sum of N250,000,000.00 as damages.

The Airline, as Defendant, however, filed a Notice of Preliminary Objection, challenging the jurisdiction of the Court.

The Defendant wanted the case to be heard in Turkey, as opposed to Nigeria where Ogundokun instituted the action. Ogundokun’s Counsel, vehemently opposed the Defendant’s said objection.

On January 24, this year, Idris J. heard Counsels’ arguments on the Defendant’s objection.

The Defendant’s Counsel relied on his Notice of Preliminary Objection, and urged the Court to decline jurisdiction on the ground that the Federal High Court was not the proper forum to hear the Plaintiff’s case.

The Senior Advocate of Nigeria, argued that what the law recommends is that “an action for damages may be brought at the option of the Plaintiff in the territory of any of the State Parties”.

The Learned Silk submitted that, the jurisdiction to institute the action, is at the “option of the Plaintiff”, and not for the Defendant to decide for the Plaintiff.

The court, however, adjourned the case to March 9, this year, for Ruling.