Dana Air sued by civil society group for preventing disabled passenger from boarding its flight

DANA Air has been dragged to court by civil society group Disability Rights Protection Initiative (DRPI) who is suing it for N500m in damages after the airline prevented a passenger from boarding one of its planes simply because she was in a wheelchair.

In the first such suit of its kind in Nigeria, DRPI filed its case before Justice FO Giwa-Ogunbanjo of the Federal High Court, Enugu, over  the alleged discrimination against a physically challenged passenger, Gloria Nwogbo. On August 5, 2021, Dana Air was alleged to have prevented Ms Nwogbo from boarding its plane at the Akanu Ibiam International Airport, Enugu, on the grounds that she was disabled.

This is despite the fact that she purchased her air ticket and obtained her boarding pass. In the suit, the registered trustees of DRP sued for Ms Nwogbo, a native of Awka in Awka South Local Government Area of Anambra State.

They asked the court to declare that the action of Dana Air in refusing and denying Ms Nwogbo from boarding and/or accessing their airline on the grounds that she was disabled was inhuman, degrading and discriminatory. In addition, the applicant also asked the court to declare that the terms and conditions of the respondent’s air ticket, which states that special passengers and visually-impaired passengers cannot travel without an accompanying person was discriminatory and contrary to Section 42(2) of the Nigerian constitution and therefore illegal, unconstitutional, unlawful, null and void.

Furthermore, the suit is also asking that Dana Air pay Ms Nwogbo the sum of N50m as exemplary damages for the inhuman, degrading and discriminatory treatment meted out to her. It is also seeking an apology to be issued to Ms Nwogbo for the violation of her fundamental rights.

DRPI's counsel, read out other demands which included: “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 only to the applicant being the sum paid as the airfare by the applicant to the respondent.”