Some federal lawmakers and four other Nigerian citizens have filed a N5 billion suit against Azman Air Services Limited before a High Court of the Federal Capital Territory (FCT), Abuja, over alleged breach of contract.
In a suit marked CV /2884/2021, the claimant narrated how the negligent act of the Airline kept them at the Kano Airport from September 22 to 23rd in clear breach of the fundamental term of the carriage by air agreement they had with the airline, which was to convey them to Abuja from Kano on September 22, 2021, by 12: 30pm.
The originating summons dated November 1, 2021, was filed by their counsel, Nkemakolam Okoro.
The lawmakers who are members of the Federal House of Representatives are Hon. Agunsoye Rotimi; Benjamin Kalu; Ikengbo Dele Gboluga; Bala Kokani and Eke Dede.
The rest of the claimants are Alhaji Rijau Shehu Saleh; DR. Henry Archibong; Kabo Abdullahi Alhassan and Ahmed Mariya Bashir.
While contending that the actions of the airline subjected them to psychological and emotional truama, public embarrassment and loss of legislative hour, the claimants among others, are seeking an order of court directing the defendant to pay the sum of N5 bn as general damages.
They are equally pressing for an order of court directing the defendant to publish a written public apology on three national dailies, namely; The Sun Newspaper, Thisday and the Guardian, for the public embarrassment caused to them.
They are urging the court to make a declaration that there exists a contract of carriage by air, between the Claimants and the defendant given the flight tickets purchased by the Claimants for Azman Air Flight ZQ2332, which was to convey the Claimants from Kano to Abuja, on the 22nd day of September 2021 at 12:30 pm, for which the Defendant is under a strict legal and moral obligation to perform.
A declaration that the defendant wilfully misconducted itself, by not keeping to the time of the contract, as contained in the flight schedule at 12:30 pm, by shifting the said flight, from 12:30 pm, to 2.30 pm when the Claimants eventually checked in, to 9.45 pm and finally to 12:15 am, of the next day, when the Claimants were finally airlifted from Kano to Abuja, thereby subjecting the Claimants to psychological and emotional trauma, public embarrassment, loss of legislative time, cancellation of public and other private engagements, loss of business opportunities and loss of monies.
A declaration that the defendant breached the fundamental term of the carriage by air agreement between it and the Claimant by its failure to convey the Claimants from Kano to Abuja, on the 22nd day of September 2021, in accordance with the terms of the carriage by air agreement.
The court is further urged to declare that consequent upon the breach of the contractual obligations of the defendant, to the Claimants, the Claimants have suffered psychological and emotional trauma, public humiliation, loss of legislative time, cancellation of public and other private engagements, loss of business opportunities, loss of monies, and undue exposure to the new Delta Variant of Covid 19, given their long stay in the overcrowded VIP lounge of the airport in Kano.
According their statement of claim,
by a contract of carriage by air, the Defendant agreed to carry the Claimants from Kano to Abuja, on the 22nd day of September 2021 by 12:30 pm.
This agreement was contained in or evidenced by tickets with reference number ZQ2332. Copies of the said tickets are pleaded and shall be relied on at the trial of this matter.
The Claimants aver that by the flight schedule, the flight was initially scheduled for 12:30 pm. Messages evidencing this flight schedule and its cancellation/shifting are pleaded and shall be relied upon at the hearing of this matter.
The Claimants aver that the flight was further shifted from 12:30 pm to 2:30 pm, on the said 22nd day of September 2021.
The flight was also shifted from 2:30 pm to 6 pm on the same 22nd day of September 2021, and moved again from 6:pm to 9 pm on the same date.
The flight was finally moved from 9 pm to 12:15 am the next day, and the Claimants eventually boarded the flight by 1 am the following day.
The Claimants aver that all through these periods of cancellation of the flight time and shifting of same, that the entire staff and agents of the Defendant, deserted the airport and no single staff of the Defendant was available to attend to them or take care of their welfare.
The Claimants averred that throughout their waiting for the flight, commencing from 12:30 pm on the 22nd day of September 2021 to about 12:15 am, being the last shifted time, they were neither fed, nor attended to in any form whatsoever and the entire staff of the Defendant, completely deserted them.
They told the court that they were in Kano as members of the House Committee on Petroleum Upstream and Petroleum Technology Development Fund(PTDF) on training.
The Claimants averred that consequent upon their abandonment, and rescheduling of their flight, that they were exposed to unmitigated humiliation and embarrassment.
The Claimants averred that they were forced to stay in an overcrowded VIP Lounge, all through the day and were exposed to the risk of contacting the new Delta Variant of COVID 19, as all passengers who left Kano on that said day, using other air carriers, and who used the said lounge, shared the overcrowded lounge with them.
The Claimants aver that they were also exposed to security risk, given the volatile nature of security in the country and they greatly feared for their lives.
The Claimants who were on a national assignment by virtue of the training in Kano, missed other important official engagements due to the breach of the air carriage agreement they had with the Defendant, which was scheduled to convey them to Abuja from Kano, on the 22nd day of September 2021, by 12:30 pm.
The Claimants’ ordeal was reported by several online media in Nigeria. The printout of these reports are pleaded.
The Claimants took some snapshots and also made short video recordings covering part of their ordeal at the Kano airport, these snapshots and shot video coverage are pleaded.
It is their case before the court that the failure of the Defendant to keep to the terms of carriage by air agreement, it had with them, was consequent upon the willful conduct of the Defendant, who knew that shifting their flight from 12:20 pm on the 22nd of September 2021, to 1 am on the 23rd of September 2021, would cause grave inconvenience and humiliation to them.
They further averred that despite the Defendant’s knowledge and awareness of the effect and consequences of its action of shifting their flight from 12:20 pm on the 22nd of September 2021, to 1 am on the 23rd of September 2021, for over 12 hours, on them, it still did not change its action.
They finally averred that the defendant was negligent and acted wilfully by keeping the Claimants at the Kano airport unattended from 12:30 pm on the 22nd of September 2021, to 1 am on the 23rd of September 2021