Dana crash: judge declines jurisdiction over victim’s suit

A Federal High Court in Ikoyi, presided over by Justice Okon Abang today, declined jurisdiction in the suit brought by relatives of one of the victims of the June 3, 2012 Dana air crash.

A crashed Dana airline

The judge said he had no jurisdiction to hear the case during the court’s 2014 annual vacation because the parties in the matter had not taken any step to activate the court’s jurisdiction.

The judge gave the short ruling consequent upon the non-appearance of neither the parties nor their counsel in court on Tuesday.

The case had been filed by one Mrs. Chika Ikem-Obih on behalf of her family over the death of her sister,  Ms. Ijeoma Onyiuke, occasioned by the June 3, 2012 Dana air crash.

It would be recalled that on June 3, 2012, a McDonnel Douglas 83 aircraft with the number 5N-RAM belonging to Dana Airlines Limited and operated as flight 9J-992, had crashed at about 3.35 pm around Iju-Ishaga in Lagos killing all 153 passengers on board.

Ikem-Obih who is a sister to one of the deceased, Onyiuke, had approached the Federal High Court seeking compensation on behalf of the family.

Joined as defendants in the suit were Dana Airlines Limited and one Mr. Simon Waxtan said to have operated on the ill-fated plane.

Ikeh-Obih had argued that the airline had  breached the duty of safety on her sister through the  alleged negligence of the aircraft’s operator.

Among other reliefs, she had been praying the court to award $100,000 with 21 per cent  interest at the rate of 10 per cent per annum as damages since the day of the sad incident.

According to her,  the claims were to cover for the funeral expenses, bereavement damages, loss of sister’s care and attention, dependency on income, future dependency and the pain and suffering of the deceased.

She had filed the suit pursuant to the Nigerian Civil Aviation Act No. 6 of 2006 and  the Fatal Accidents Laws of Lagos State, Cap. F1, 2003.