A Lagos State High Court has ordered Air Peace to respond to questions brought by the Foundation for Investigative Journalism in a libel suit No. LD/ADR/4833/23 filed by the airline on October 12, 2022, regarding its aircraft operations from Lagos to Anambra State.
Air Peace says that it follows safety standards and practices in accordance with safety regulations and policies.
It questioned the FIJ’s interrogations of its aircraft and flight operations, calling them “scandalous and irrelevant” to the libel case.
FIJ was dissatisfied with Air Peace’s responses to the queries and filed an application to compel them to adequately explain the objections.
Justice Kudiarat Jose upheld the argument of FIJ, represented by its counsel, Abimbola Ojenike and Jesulayomi Oyelami of Slingstone LP, stating that the questions requesting the details of the first two aircraft designated to convey passengers were relevant to the facts in issue, related to the defendant’s case, and capable of proving that the defendants were correct.
As a result, the court ordered Air Peace to respond to questions 1, 4, and 7 of the defendant’s interrogation within seven days of receiving the order.
The questions are: ‘Provide a 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 or repairs on the systems.’
The airline is also to: ‘Provide comprehensive specifications of the technical issues discovered in the course of operation of Flight P47336 and the circumstances that led to the change of the aircraft from 5N-BUL to 5N-BQQ.’
The court also ordered the airline to: ‘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 on October 12, 2022, particularly but not limited to any faults or repairs on the systems.
The claim was deferred until May 23, 2024, for additional proceedings.
In October 2022, FIJ stated that passengers on an Air Peace flight from Lagos to Anambra escaped death after the engine failed three times at the takeoff point.
According to FIJ, the aircraft was supposed to take off at 11 a.m. but was delayed for two hours when the airline’s management announced that the jet originally booked for the Anambra flight had suddenly acquired an issue.
“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.”
Air Peace then filed legal action against FIJ, seeking N50 million in damages, N250 million in aggravated damages, and N5 million in legal fees.
