The Court of Appeal, Lagos Division has set aside a Federal High Court (FHC) judgment which ordered the Nigeria Civil Aviation Authority (NCAA) to pay Ese Falae the widow of Deji Falae N246million as compensation for the death of her husband.

Deji was a commissioner for Culture and Tourism in Ondo State, and the son of a former Finance Minister,  Olu Falae, died on October 3, 2013, when an Associated Aviation aircraft conveying the remains of a former Ondo State Governor, Olusegun Agagu, from Lagos to Ondo for burial, crashed at the Lagos airport.

The accident happened outside the aerodrome a minute after the plane took off.

Consequently, Deji’s widow and her three children, sued the airline, asking the court to hold that the airline’s negligence was responsible for the accident.

Justice Hadizat Shagari of the FHC had on March 28, 2018, however ruled the judgement in the favour of the plaintiff and ordered the Associated Aviation Nigeria Limited and  NCAA to pay the sum as compensation for Falae’s death in an air crash.

The Court of Appeal, Lagos Division has set aside a Federal High Court (FHC) judgment which ordered the Nigeria Civil Aviation Authority (NCAA) to pay Ese Falae N246million as compensation for the death of her husband, Deji Falae.

Dissatisfied, the NCAA through its counsel, Emeka Okpoko (SAN) appealed the judgment, praying the court to set it aside.

In a unanimous decision, delivered by Justice Onyekachi Otisi (presiding), Justice Abubakar Umar, and Justice Adebukunola Banjoko, the Appellate court allowed the appeal and said that the trial judge was in error to have held the appellant liable to pay damages to the 1st to 4th respondents (Deji’s family).