Court absolves NCAA of culpability in crash that killed Deji Falae

THecourt of Appeal, Lagos Division has held that the Nigerian Civil Aviation Authority ( NCAA) cannot be held liable for the crash of the Associated Aviation Nigeria Limited’s ( AANL) aircraft that killed Deji Falae, the son of the former Secretary to the Government of the Federation, Chief Olu Falae, on October 3, 2013.

A three man panel of the court, comprising Justices

Onyekachi Aja Otisi, Abubakar Sadiq Umar and Adebukunola Banjoko unanimously set aside the decision of the lower court, which granted the defendants reliefs against the appellant.

In the lead judgment, delivered March 22 and which its Certified True Copy ( CTC) got to The Guardian at the weekend, Justice Umar upturned the judgment of Justice Hadiza Shagari of the Federal High Court, Lagos.

The lower court delivered the judgment on March 28, 2018 and granted the claims of the plaintiffs against NCAA and AANL.

Following the crash, the widow of the deceased, Mrs Ese Lynn Falae, had filed the action with her three infant children as 1st to 4th plaintiffs against AANL and NCAA as 1st and 2nd defendants respectively.

The plaintiffs, among others, prayed the court to declare that the defendants breached their common law duty of care when the deceased died in the fight 361, which was in possession and control of the 1st defendant ( AANL).

“A declaration that the 2nd defendant ( NCAA) breached its statutory duties imposed by Section 31 ( 1) of the Civil Aviation Act when the 1st defendant’s flight 361 ( at about 9.32 in the morning a minute after take off and just outside of the aerodrome) crashed and indeed caused the death of the deceased.”