The Federal Government has dragged the Turkish Airlines before a Federal High Court in Abuja over alleged criminal violation of the enabling law of the Consumer Protection Council (CPC) and for impunity.
The Attorney General of the Federation (AGF), Abubakar Malami, a Senior Advocate of Nigeria (SAN) filed a three-count charge against the airline and two of its principal officers, Liker Ayci and Rasak Shobowale, the airline’s Board
Chairman and Commercial Manager respectively before Federal High Court 11 in Abuja.
The prosecution came on the heels of the consistent refusal of Turkish Airlines to respond to lawful requests of CPC for a full situation report on the airline’s alleged shoddy treatment of passengers of Flight 623 from Instanbul to Abuja on
25th and 31st of December 2015 and 9th of
January 2016, which prompted the Council to approach the Office of the Attorney General of the Federation for the prosecution of the airline.
According to the charge list with number FHC/ABJ/CR/147/21, the Federal Government alleged that the three accused persons between the 20th December 2015 and March 2016 “without sufficient cause refused to provide the Consumer
Protection Council documents on Turkish Airlines’ policy on delayed baggage”, thereby committing an offence punishable under section 18 of the CPC Act.
The accused persons were also arraigned before the court for allegedly neglecting, without sufficient cause, to attend and testify before CPC on the number of passengers aboard Turkish Airlines Flight 623 from Instanbul to Abuja on 25th and 31st of December 2015 as well as 9th of January 2016, who were affected by its untimely delivery of baggage, thereby committing an offence punishable under section 18 of the CPC’s enabling law.
The Federal Government also accused the airline and its two principal officers of violating the same section of the CPC Act by neglecting, without sufficient cause, to attend and testify before the consumer protection agency on the detailed steps taken by the airline to provide redress and compensation to passengers aboard its Flight 623 from Instanbul to Abuja on the said dates, who were affected by its untimely delivery of baggage.
The prosecution of the airline and its principal officers followed warning by the Federal
Government to the airline to respond within 21 days to the Consumer Protection
Council’s request for full situation report on the airline’s alleged shoddy treatment of passengers of flight TK 623 of Sunday December
20, 2015 and other subsequent flights during the yuletide or face prosecution.
Reacting to the summon, the Director of Consumer Protection Directorate of the Nigerian Civil Aviation Authority (NCAA), Adamu Abdullahi, said that CPC does not have any jurisdiction in aviation, stressing that NCAA is recognised by the Nigerian law through the 2006 Civil AviationAct, the International Civil Aviation Organisation (ICAO) and the International Air Transport Association (IATA) to be in charge of air transport in Nigeria and any case thereto must be attended by the regulatory Authority’s Consumer Protection Directorate.
“So what CPC is doing is an infraction to international regulation which guides air transport for all ICAO member countries,” Abdullahi said.
However, the AGF had, in a letter of March 17, 2016, signed on his behalf by the Director of Public Prosecution of the Federation, Mohammed Saidu Diri, threatened to prosecute the Turkish Airlines in the event of its failure to respond to the Council’s lawful demand for the full situation report, irrespective of the airline’s engagement with any other relevant agency.
He further asserted that after his office’s perusal of the documents submitted by CPC, including the airline’s letter of January 14, 2016 to the Council, “it is our considered opinion that you are not in any position to choose which government institution or laws to comply with and which one to disdain.
“You refusal, neglect or omission to oblige the CPC detailed information relating to delayed baggage of your passengers from December 2015 to
January 2016 as requested is in breach of section 18 of the Consumer Protection Council Act 1992 and a deliberate attempt to ridicule a duly constituted authority”, the AGF’s letter stated.
The Attorney General then added: “You are therefore instructed to fully comply with the request of the CPC within twenty-one days of the receipt of this letter or otherwise show cause why criminal proceedings should not be commenced against you pursuant to section 18 of the Consumer Protection
Council Act 1992”.
Earlier in the year passengers of the said flights, some of whom were said to have travelled with minors, including those whose destinations were outside Abuja, were allegedly subjected to untold hardships, as they were forced to repeatedly check the Airport in Abuja on the fate of their baggage, thereby incurring extra and unbudgeted expenditure, including hotel accommodation without any form of support by the airline.
Following the report of the incident, CPC in a letter to the airline, dated December 29, 2015, signed by its Director General, Mrs. Dupe Atoki, requested the airline to provide it with a full situation report of the said events, including Turkish Airline’s policy on delayed baggage, particularly as regards the compensation of affected passengers, the number of affected passengers, the number of those yet to receive their baggage and when same was expected to arrive, including steps, if any, that had been taken to provide appropriate redress to the affected passengers.
