Court orders Dana Airline to pay ₦5.5m for 12-hour delay
Federal High Court awarded ₦5.5 million in damages against Dana Airline for breaching its contract by delaying a lawyer’s flight by 12 hours in 2018.
The Federal High Court in Lagos has ordered Dana Airline to pay ₦5.5 million in damages and legal costs to a lawyer whose flight was delayed by approximately 12 hours in July 2018. Justice Y. Bogoro delivered the judgment on May 26, 2026, ruling that the airline breached its contract of carriage with the plaintiff, Babajide Idowu.
The lawyer, represented by Lekan Ikuomola of Ayodeji, Babajide and Lekan Partners, filed a writ of summons in November 2019, citing Section 48(2) of the Nigerian Civil Aviation Act, 2006, and Schedule III to the Act. He argued that about 70 other passengers were also affected by the airline’s repeated postponements and delays.
In his judgment, Justice Bogoro noted that the airline never denied the delay but sought to justify it within the permissible protocols governing flight delays. He cited the Civil Aviation Act, which limits liability for each passenger to $4,150, but only if the carrier proves that all necessary measures were taken to avoid the delay. The judge found no evidence that the airline or its regulators could not have taken measures to avoid the delay.
“Once a passenger purchases a ticket and the airline accepts it, a contractual relationship arises,” the judge held. “Ordinarily, the airline defendant in this case must perform its obligation to carry the plaintiff as agreed.”
The court declared that Dana Airline breached its contract and ordered it to pay ₦5 million in damages and ₦500,000 as solicitor’s fees. During the proceedings, the airline had argued that the delay was on the advice of regulators for safety reasons and that passengers were duly informed.
For a lawyer who spent 12 hours waiting for a flight, the ₦5 million award is a vindication. For Dana Airline, it is a costly reminder that passengers have rights. For the Nigerian aviation industry, it is a signal that the courts will hold airlines accountable.
This echoes the 2015 case of a passenger who sued an airline over a delayed flight and won damages, setting a precedent for consumer protection in Nigeria’s aviation sector. The mechanism then was different, but the result was the same: a judicial affirmation of passenger rights.
The winners: passengers who now have a stronger legal precedent to demand compensation for flight delays. The losers: airlines, which face increased liability; and Dana Airline, which must pay ₦5.5 million for a delay that occurred eight years ago.
Bottom Line: Dana Airline has been ordered to pay ₦5.5 million for a 12-hour flight delay in 2018. Passengers’ rights have been affirmed. The question is whether airlines will improve their service or continue to risk costly litigation.