A Federal High Court in Lagos has ordered British Airways to pay a Nigerian passenger, Mr. Stephen Osho, ₦50 million in damages for breach of contract and unfair treatment.
Justice Ibrahim Kala, delivering judgment, ruled that Osho proved the airline failed in its duty under the international contract of carriage. The court said the breach denied him the service he had fully paid for.
The judge held that Osho endured undue hardship, financial loss, and serious inconvenience as a result of the airline’s actions.
British Airways argued that Osho was the cause of his own predicament. Its counsel urged the court not to grant heavy compensation, suggesting that any costs awarded should not exceed ₦60,000.
Justice Kala dismissed the argument, describing it as weak against the evidence before the court. He instead awarded ₦50 million in general damages to Osho.
The court also ordered the airline to pay an additional ₦3 million as costs of the action. This sum covered summons fees, legal representation, the case’s long duration, and the impact of naira depreciation.
The ruling relied on the Montreal Convention, 1999, which governs claims from international air carriage and has been adopted into Nigerian law under the Civil Aviation Act.
The court noted that while the Convention prohibits punitive damages, it permits compensatory relief where passengers prove actual losses. Osho, the court ruled, had done so.
This case serves as a reminder to international carriers operating in Nigeria to uphold their obligations to passengers.
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