Lagos Court Awards N50m Damages Against British Airways To Nigerian Passenger

A Federal High Court sitting in Lagos has ordered British Airways to compensate a Nigerian passenger, Mr. Stephen Osho, with N50 million for losing his luggage and treating him unfairly.

Justice Ibrahim Kala, who delivered the judgment on August 21, also awarded an additional N3 million to cover the cost of the legal action, bringing the total payout to N53 million.

The case stemmed from an incident on December 2, 2022, when Osho’s checked-in baggage for Flight BA307 from Paris to London failed to arrive.

The court found that the airline violated its responsibility under international aviation rules by not delivering the passenger’s bag.

Justice Kala ruled that Osho endured serious inconvenience, hardship, and financial loss because of the airline’s actions.

He dismissed British Airways’ claim that the missing bag was caused by an old Air France tag that had not been removed, describing the defence as weak and an afterthought.

According to the judge, the airline provided no credible evidence to back up its position and failed to prove that Osho contributed in any way to the loss of his luggage.

He said, “From the cases presented by parties before this court, there is admissible, credible and sufficient evidence to establish, on the balance of probability, that the defendant is responsible and liable for the loss of the plaintiff’s baggage during the period it was in charge of the defendant’s carrier, having cleared and issued with baggage tag No BA741520, for its flight BA307, from Paris to London on December 2, 2022, but the bag never arrived with the flight and ultimately got lost.”

Kala said the argument “collapsed like a pack of cards,” describing it as an afterthought aimed at exonerating the carrier from liability under Article 17 (2) of the Montreal Convention.

The judge further held,” I am emboldened to state that the defendant erected a weak defence regarding the so- called old Air France tag claimed to have been negligently left by the plaintiff on the bag to have been responsible for its loss, all in an attempt to exonerate the defendant’s carrier from liability under the proviso to Article 17 (2) of the Montreal convention, and which defence, with greatest respect collapsed like a park of cards.

“As rightly pointed out by the plaintiff’s counsel, the botched defence seemed to be an afterthought. Therefore, the defendant has indeed failed to offer any reasonable justification that the plaintiff negligently contributed to the loss or missing of his luggage at the material time, and has also failed to exonerate itself from liability arising from the plaintiff’s missing luggage.”

He added, “The defendant failed to offer any reasonable justification that the plaintiff negligently contributed to the loss of his luggage, and has also failed to exonerate itself from liability. Having so found, the sole issue for determination is resolved in the positive, and this translates to mean that the defendant is liable for damage.”

Osho had filed the case in August 2023, asking the court to hold the airline accountable.

In its defence, British Airways argued that if damages were to be awarded, they should not exceed N60,000. The court rejected this, saying the airline’s position was baseless considering the evidence presented.

The ruling came after months of hearings during which Osho testified and presented key documents, including his boarding pass and baggage tag.

The court concluded that British Airways failed to clear itself of responsibility and must now pay substantial damages to the passenger.

Meanwhile, a 32-year-old man, Rasaq Gafar, was arraigned before the Iyaganku Chief Magistrates’ Court in Ibadan for allegedly threatening the life of Osun State Governor, Ademola Adeleke.