For allegedly refusing and denying a passenger on Wheelchair from boarding and accessing their airline, a human rights organisation under the aegis of Disability Rights Protection Initiative has dragged Dana Air Limited to Justice F. O. Giwa-Ogunbanjo of a Federal High Court in Enugu demanding N550 million damages.
The case comes up on Tuesday, February 8, 2022.
The airline was said to have on August 5 2021 refused and denied a passenger, Gloria Ogoamaka Nwogbo from boarding and/or accessing their airline at Akanu Ibiam International Airport, Enugu on the ground that she was disabled, after purchasing her air ticket and obtaining her boarding pass.
By this action, the DRP is the first human rights organization in Nigeria that has used Discrimination Against Persons with Disabilities (Prohibition) Act 2018, to pursue justice for a disabled victim through court litigation, after the President, Major General Muhammadu Buhari (retd.), signed the Bill into law on January 23, 2019.
The Registered Trustees of DRP sued for Nwogbo (the applicant), native of Awka in Awka South Local Government Area, Anambra State.
The applicant in the suit marked
FHC/EN/CS/181/2021 filed by her lawyer, Kelechi Chukwu, obtained by Judiciary correspondents in Abuja on Monday asked the Court to declare that the action of respondent in refusing and denying Nwogbo from boarding and/or accessing their airline on the ground that she was disabled “is inhuman, degrading and discriminatory.”
The applicant also asked the vourt to declare that the terms and conditions of the respondent’s air ticket which states that ‘special passengers: wheelchair (WCHR) and visually impaired (Blind) passengers cannot travel without an accompanied person, we are always happy to serve WCHR and Blind passengers but they cannot travel unaccompanied’, was discriminatory contrary to section 42(2) of the constitution as amended and therefore, illegal, unconstitutional, unlawful, null and void.
Other reliefs were, “An order of this Honourable Court directing the respondent to pay the sum of N50 million only as exemplary damages to the applicant for the inhuman, degrading and discriminatory treatment meted out to the Applicant.
“An order of this Honourable Court directing the respondent to pay the sum of N500 million only as general damages to the applicant for the shame, shock, public ridicule and psychological trauma suffered by the applicant as a result the inhuman, degrading and discriminatory treatment meted out to the applicant.
“An order of this Honourable Court striking down the terms and conditions of the respondent’s air ticket which states that ‘special passengers: wheelchair (WCHR) and visually impaired (Blind) passengers cannot travel without an accompanied person, we are always happy to serve WCHR and Blind passengers but they cannot travel unaccompanied’ for being discriminatory contrary to Section 42(2) of the constitution as amended and therefore, illegal, unconstitutional, unlawful, null and void.
“An injunction restraining the Respondent, whether by themselves, their servants, officers, agents or privies, in any manner whatsoever from further discriminating against the applicant on the basis that she is a disabled person.
“An order of this Honourable Court directing the respondent to refund the sum of N28,800.00 only to the applicant being sum paid as the airfare by the applicant to the respondent.
“A solemn order of thus Honourable Court compelling the respondent to issue an unreserved apology (the contents of which must first be acceptable to the applicant before publication) to the applicant for the violation of applicant’s fundamental rights and such publication to be made in at least four print media and one electronic media respectively which two of the print media shall be of intense local coverage and the remaining two with intense national coverage within one week of the judgment of this Honourable Court.
