The Nation Newspaper

Tag: passenger

  • Mob lynches suspect as ‘robbers’ steal N3m from tricycle passenger

    •Hoodlums shot Keke NAPEP operator

    A mob at the weekend apprehended three of a four-member robbery gang at Ox-Bow Lake, Yenagoa, the Bayelsa State capital.

    One of the suspects, identified simply as Jeff, was reportedly lynched; the others had been beaten up before a police patrol van arrived and took away the suspects.

    Jeff, it was learnt, was among the suspected robbers who shot a commercial tricycle (Keke NAPEP) operator and dispossessed his two passengers of N3 million.

    The hoodlums were said to have accosted the tricycle operator, shot him in the head and collected the money from his passengers, a couple, returning from a bank.

    The gunshot reportedly attracted workers at nearby building sites.

    Some residents were said to have run to the scene and chased the hoodlums.

    A resident, who spoke in confidence, said: “The robbers had one gun. The mob moved closer and apprehended three of them. They were almost beaten to death before the arrival of a police patrol team.”

    It was gathered that Jeff died while the police were conveying him to the hospital, following the injury he sustained from the beating.

    Police spokesman Asinim Butswat, an Assistant Superintendent of Police (ASP), urged the public not to take the law into their hands.

    He said: “On September 12, at noon, four armed young men – Aya Victor (23), Ebi Godwin (20), Ejike Igwe and Jeff (surname unknown), drove a Volkswagen car with registration number AL 305 AGU and blocked a tricycle that was carrying Mr and Mrs Eric Oyibodokoye, at Oxbow Lake, Swali, Yenagoa.

    “The suspects shot the tricyclist in his head, collected the N3 million from the occupants and zoomed off.

    “Policemen were alerted and three members of the gang were arrested by the residnts, but were apprehended beaten up before the arrival of the policemen. The tricyclist and the suspects were taken to the Federal Medical Centre, Yenagoa, for medical attention.

    “One of the suspects, Jeff, later died. His body has been deposited at the same hospital for autopsy. The fourth suspect was trailed and arrested at Swali community in possession of a locally-made pistol and N144,500, part of the stolen money.

    “The public is advised to continue to support the police in fighting crimes. But they should not take the law into their hands by beating suspects. Investigation is ongoing.”

  • Passenger dies in taxi

    A passenger died yesterday in a taxi at Kemta-Idi Aba, Abeokuta, the Ogun State capital.

    It was gathered that Michael Hogan took a taxi to Abeokuta from Odeda in Odeda Local Government Area.

    The driver discovered that his passenger was unresponsive when he did not alight at Iyana Mortuary Junction, Idi -Aba.

    He raised the alarm that attracted fellow drivers and passersby.

    The driver initially fled but he was encouraged to take the remains to the Kemta-Idi Aba Divisional Police Headquarters, Kemta.

    At the station, police arrested him and laboured to contain the crowd that besieged the station.

    Police spokesman Olumuyiwa Adejobi said the driver discovered at 7:45am that his passenger, Michael Hogan, had died in his car at Iyana Mortuary area and went to the police station to report it.

    Adejobi said the family of the deceased has been contacted, adding that upon inquiry, they claimed Hogan had been ill for a long time.

    According to the police spokesman, the family said Hogan left home for Abeokuta to collect herbal remedies.

    He said the police would soon release the body to the family after investigations are concluded.

  • Passenger caught stealing inside plane

    Passenger caught stealing inside plane

    A passenger, Mr Ovuironye Mathew Dennis, was yesterday caught stealing about N263,000 from the luggage of a fellow passenger, Novothy Anton on board  an Abuja-bound Aero Contractors flight.

    Ovuironye, 31, was spotted by a female attendant when he removed the Austrian’s bag from the luggage cabin under the pretence of changing his seat.

    After removing the bag, he returned to his own seat 23c and removed N150,000 and 500 euro (about 113,000) from it.

    The Nation reporter, who was onboard the flight, reports that a wrap of marijuana was also found on Ovuironye.

    His temporary driver’s licence states that he hails from Delta State and gave his height as 1.65m.

    Before he could return the bag to the luggage cabin, the attendant asked him to remain seated.

    “While trying to return the bag, I asked him to sit down. But he became uncomfortable before the plane landed and the white man raised the alarm that he couldn’t find his bag,” the attendant said.

    She asked the Austrian to see his bag with Ovuironye, who claimed that he thought it was his.

    But when Novotny discovered that cash was missing, other passengers descended on Ovuironye. Many also took his photograph with their phones.

    The cash was found on him with a wrap of marijuana when he was searched.

    In an interview with The Nation in the presence of other passengers, Ovuironye said he stole the money to take care of his mother’s health. He said he came to meet his elder brother who is a business man in Abuja.

    Ovuironye said he is a Business Administration student at the University of Port Harcourt.

    He was handed over to security operatives at the Nnamdi Azikiwe Airport, Abuja, when the plane landed.

     

  • Breach of contract: Passenger sues Aero in the wrong court

    The Appellant as Plaintiff at the Edo State High Court, Benin Judicial Division filed an action, by way of a writ of summons, dated July 23, 2008. The Appellant, in her evidence before the trial Court, narrated that she procured a return ticket No.LB 041681E for Benin-Lagos-Benin flight, from the Defendants/Respondents on April 7, 2008.

    The following day, she was to travel from the Lagos airport to Benin airport, but instead, the Appellant was taken to Warri, contrary to the agreement contained in her ticket and boarding pass. Consequently, the Appellant incurred costs and suffered damages, having missed all her engagements and appointments in Benin City on that day. Wherefore she claimed against the Defendants/Respondents general damages for breach of contract by taking the plaintiff to Warri as against the contractual obligation to take her to Benin City and special damages for the shock, psychological trauma and hardship suffered by the plaintiff as a result of the delay and for not been able to meet up with her important appointments.

    The Defendants/Respondents at the trial Court filed a statement of defence dated May 5, 2009, and nine months later, filed a motion on notice asking the court to strike out the suit for lack of jurisdiction. The Learned Judge after taking arguments from both parties, ruled in favour of the Respondents to the effect that the proper Court to hear the suit is the Federal High Court, and struck out the suit for want of jurisdiction.

    It is against this ruling of the Court, that the Appellant now appeals to the Court of Appeal by way of a notice of appeal dated  June 1, 2010, containing two grounds of appeal; seeking an order of the Court setting aside the ruling/decision of the trial Court delivered on the 19/5/2010, and remitting the suit to the Edo State High Court to be determined on its merits by a different judge. On the 11th of June, 2014, both parties adopted their written briefs. The Appellant by their brief of argument formulated two issues for the resolution of the appeal. They are as follows:

    “1. Whether the learned trial Judge was right when he held that the appellant’s claim does not border on breach of contractual obligation but relates to matters arising from aviation and safety of aircraft, under S.251(1)(k) of the 1999 CFRN, or pertaining to carriage of passengers and Goods under S.2 of the Federal High Court (Amendment) Decree No.60 of 1991.

    2. Whether the learned trial Judge was right when he held that the claim of the Plaintiff is not the major determinant factor for the jurisdiction of the Court.”

    The Court adopted the issues formulated by the Appellant in the determination of the appeal.

    On the first issue, Counsel to the Appellant submitted that the trial court was in error, when he held that the Appellant’s claim was principally in relation to matters arising from aviation and safety of aircraft under Section 251(1) (k) of the 1999 Constitution and pertains to carriage of passengers and goods under Section 2 of the Federal High Court (Amendment) Decree No. 60 of 1991. He went on to submit that the Appellant’s claim is based on breach of contract by the Respondent, for being unable to airlift the Appellant from Lagos to Benin as expressly shown on the flight ticket and boarding pass issued to the Appellant. He argued that the ticket confirms that the nature of the transaction between the parties was one of contract as indicated on the top left hand corner of the ticket. Counsel argued that Decree No. 60 of 1991 is not applicable to the Appellant’s case.

    On his second issue, Appellant’s Counsel posited that the jurisdiction of a Court is determined mainly by the nature of the claim as settled by numerous cases. Referring to the case of Oloruntoba-Oju vs. Abdul Raheem (2009) 26 WRN 1 at 15; (2009) LPELR-2596(SC), Counsel submitted that jurisdiction of a Court is determined by the nature of the claim as against the event that gave rise to the claim. Finally, Counsel submitted that the jurisdiction of a Court is determined by the pleadings and not the statement of defence.

    The Learned Counsel for the Respondent arguing the appeal submitted that it is the Plaintiff’s claim that determines whether the Court has jurisdiction or not. Counsel referred to Section 48(2) of the Civil Aviation Act, 2006, which implements the conventions for the unification of certain rules relating to international carriage by air signed at Montreal on 28/5/1999 as modified, and submitted that the Appellant’s claim is governed by the convention. Referring to the case of Patkun Industries Ltd. vs. Niger Shoe Manufacturing Company Ltd. (1988) 5 NWLR (Pt. 93) 138 at 152; (1988) LPELR-2906(SC), Counsel submitted that the trial Court was right to hold that Appellant’s claim was that of carriage of passengers by air.  On whether the High Court had jurisdiction to entertain the claim, Counsel argued that Section 272(1) of the Constitution confers jurisdiction on State High Courts; subject to the provision of Section 251(1), and other provisions in the Constitution. He submitted also that Section 251(1) allows for additional jurisdiction by an act of the National Assembly, and the Federal High Court Act as amended by Decree No. 60 of 1991, conferred additional jurisdiction on the Federal High Court, to include the carriage of goods and passengers by air. Counsel cited Sections 2(7)(1), to 2(7)(5) and submitted that by the combined provisions of Section 251(1) of the Constitution and S.7(1) of the Federal High Court Act, as amended by Decree 60 of 1991, the Federal High Court has exclusive jurisdiction pertaining to carriage of passengers and goods by air and meteorology. He argued that by the limitation in Section 272(1) the State High Court lacks the jurisdiction to hear the Appellant’s claim.

    In determining the appeal, the Court stated the trite position of the law that determination of a matter, by a Court is null and void if done without jurisdiction, and it does not matter whether the proceedings were well conducted or the resolution well decided. And consequently it is usually considered expedient to resolve same first before proceeding further to decide the matter on the merit. The Court stated that the fact as narrated is not what is in dispute and the vexed question is whether the State High Court (to which the Appellant approached for relief) had the requisite jurisdiction to hear and determine the case before it. The Court further stated that in the cases of KLM Airline vs. Kumzhi (2004) 8 NWLR (Pt.875) 231; Kabo Air Ltd vs. Oladipo (1999) 10 NWLR (Pt.624) 517, it was held that the combined understanding of the provisions of the Federal High Court Act 1973, as amended by Decree No. 60 of 1991, is to oust the jurisdiction of the State High Court, in matters relating to matters covered under Section 251 (1) (k) as amended by the Federal High Court Act, 1973 as supplemented by Decree No.60 of 1991; and aimed at increasing the scope of the jurisdiction of the Federal High Court in respect of the subject matter specified therein. On the other hand it removed from the State High Court, the hitherto concurrent jurisdiction in respect of the affected subject matters or actions: Egypt Air vs. Alh. Abdullahi (1997) 11 NWLR (pt.528) 179 at 187 – 188; (1997) LPELR-6287(CA).

    The Court resolved the issues in favour of the Respondent, and held that the trial judge was right when he agreed with the Respondent, that the Appellant’s claim was not anchored on simple contractual relationship, but that founded on a contract for the carrying of passengers by air, and for which the State High Court lacks jurisdiction to entertain. Consequently, the Court held that the appeal lacks merit and it was thereby dismissed.

    Edited by LawPavilion

    LawPavilion Citation: (2014) LPELR-23319(CA)

  • How expectant passenger forced Arik Air to divert aircraft to Spain

    Arik Air yesterday gave account of the circumstances that forced its pilot to divert a London bound aircraft carrying an expectant mother to Palma Mallorca Airport, Spain.

    Arik Air flight W3 101, departed Lagos for London, Heathrow on September 15, but had to divert the aircraft due to the urgent medical attention required for a 12-week expectant woman on board.

    According to the spokesman for the airline, Mr. Ola Banji, the passenger developed severe pains during the flight.

    He said: “Arik Air flight W3 101, which departed Lagos for London Heathrow on September 15, diverted to Palma Mallorca Airport, Spain at 5:44pm due to urgent medical attention for a 12-week expectant woman on board.

    “The passenger reportedly developed severe pains during the flight. The pains were later accompanied by bleeding with a suspected miscarriage.

    “The passenger, who was initially attended to by a medical doctor on board, was 12 weeks pregnant.

    “She was later transferred to a hospital in Mallorca for further medical attention.

    “The Arik flight thereafter departed Mallorca at 8pm for London Heathrow.

    This singular act further demonstrates that Arik Air is passionate about meeting the individual needs of its passengers and is ready to go the extra mile to ensure that safety is not compromised, no matter the cost.

    “Excellent customer care is the core philosophy of Arik Air’s business. In the air and on the ground, online and on the telephone, guests can expect respect, courtesy, fairness and care from the airline at all times.

    This particular guest did not indicate her pregnancy status to the airline’s Passenger Service Agents (PSA) at check-in and because her pregnancy was 12 weeks, the team didn’t notice her status.

    Arik Air exceeds its guests’ expectations through the continuous pursuit of excellence and is considerate and respectful of, and responsive to, the needs of guests. The airline remains committed to offering a superior level of customer service and aims to deliver on all promises made to guests.”

     

  • Passenger, cargo traffic up by 30 %

    Passenger and cargo traffic went up by 30 per cent, following the rehabilitation of some airport, data from the Federal Airports Authority of Nigeria (FAAN) has shown.

    According to the data, the increase in patronage has also resulted in revenue growth for airlines. Specifically, the figures showed that on the average, 122.700 tonnes of cargo were ferried by air yearly since the reforms started in the sector, while passenger traffic at airports grew to 14.9 million last year.

    FAAN’s spokesman, Yakubu Dati, described the growth as an indication that the industry is steadily coming out of its recession to a path of prosperity. “The transformation agenda has changed and started to move the industry on the path of recovery,” he said.

    There has been significant increases in passenger, aircraft and cargo movements, he said, adding that total revenue generated from air ticket sales increased from N225 billion in 2011, to N232.5 billion in 2013, while the total number of people employed in the sector increased from 60,000 in 2011 to 85,000 in 2012.

    Under the Airport Remodelling Project (ARP), designed to transform airport terminals, the airports have witnessed infrastructural transformation in the last one year, Dati said, adding, that airports are no longer mere departure and arrival points for aviation. They have become big businesses globally, actively driving the development of air transport which is a veritable vehicle for rapid industrial and economic growth.

    Since the commencement of the Airport Remodelling Project, five terminals in Lagos (Domestic Terminal 1), Abuja, (General Aviation Terminal), Benin, Kano (International Terminal) and Enugu have been inaugurated, while the remaining terminals are at various stages of completion, including the international terminal at the Murtala Mohammed Airport (MMA), Ikeja, Lagos.

     

  • Passenger dies at Lagos Airport

    Passenger dies at Lagos Airport

    A transit passenger on Arik Air flight en-route London-Lagos-Owerri yesterday slumped and died at the remodelled domestic Terminal One of the Murtala Muhammed Airport, Ikeja, Lagos.

    The passenger, believed to have hailed from the Southeast, it was learnt slumped at the entrance of the departure hall. He was with his wife and brother at the time of the incident.

    According to sources, immediately the passenger slumped, he was rushed to the Aviation Clinic , where he was confirmed dead.

    The General Manager, Corporate Communications, Federal Airports Authority of Nigeria ( FAAN), Mr Yakubu Dati said:”’ About 0600 hours , a transit passenger on Arik Air flight en route London – Lagos – Owerri, slumped at the entrance of the departure of terminal one.

    He was immediately rushed to the Aviation Clinic where he was confirmed dead .

    The passenger’s wife and brother who were with the deceased later proceeded to Owerri.”

  • Nigeria Customs arrests passenger with $540,000

    The Murtala Muhammed International Airport (MMIA) Command of the Nigeria Customs Service (NCS) yesterday arrested a passenger with $540,000 (about N86million) at the Lagos Airport, Ikeja.

    The suspect was said to be on his way to Dubai, aboard an Emirates airline.

    The command’s Public Relations Officer (PRO), Mrs Thelma Williams, identified the passenger as Mr Apampa Fatai Adeshina.

    The suspect was arrested for allegedly failing to declare the actual amount with him as well as his inability to convince relevant government agencies on the source of the currency in his possession.

    Mrs Williams said the passenger, with passport number AO3445111, has been handed over to the Economic and Financial Crimes Commission (EFCC), with the cash, for further interrogation and investigation.

    She explained that the passenger was arrested at the Currency Declaration Desk of the NCS.

    Last month, NCS operatives at the MMIA Command arrested a passenger with $1.1 million. The suspect was said to be travelling to Kenya.

    The NCS Command had intercepted over $12.1 million from 14 suspects who allegedly tried to smuggle the cash out of the country in contravention of extant regulations.

    The Area Comptroller of the NCS at the MMIA, Mr Charles Epowei Edike, identified the earlier suspects as Prof Ofoegbu Charles Ononuju. He allegedly claimed to be the director of an oil firm.

    The Customs chief said the “professor”, with passport number A04008969, claimed he was travelling with the money to solve a dispute with Kenya community over his oil blocks.

    Edike said: “The passenger declared the currency both on forms CDF1A and CDF1B but claimed he was travelling with Kenya Airways flight number QR542 to Kenya to solve a dispute with the country community over oil blocks.”

     

  • Customs arrests passenger with $1.1m

    Customs arrests passenger with $1.1m

    The Murtala Muhammed International Airport Customs’ Command yesterday arrested a passenger with $1.1 million, at the international wing of the Lagos Airport.

    The passenger, identified as Professor Ofoegbu  Charles  Ononuju, said he is a Director of AZ Petroleum.

    The Customs Area Comptroller, Charles Epowei Edike, said the passenger declared the currency both on forms CDF1A and CDF1B, but claimed he was travelling to Kenya to solve a dispute with Kenyan community  over oil blocks .

    He said this accounted for his resolve to travel with such huge amount of money.

    Edike said the passenger and the currency have been handed over to officials of the Economic and Financial Crimes Commission ( EFCC), for further investigation.

    He explained that in 2012 , the Nigeria Customs Service, Murtala Muhammed International Airport Command, intercepted over $12,1 million from 14 persons who tried to take money out of the country in contravention of extant regulations.

    Edike said the relevant government agency has been collaborating with Customs to ensure that the law takes its course on the matter.

    He explained that the rise in the incidence of arrests of passengers trying to smuggle foreign currency is a fall out of the inter agency collaboration.