The Federal High Court in Lagos has ordered British Airways to pay N50 million in general damages to a Nigerian passenger, Mr Stephen Osho, for the loss of his luggage and unfair treatment, with an additional N3 million awarded as legal costs.

Delivering judgment on August 21, Justice Ibrahim Kala held that Osho had successfully proven his case that the airline breached its obligations under an international contract of carriage, by failing to deliver his checked baggage on Flight BA307 from Paris to London on December 2, 2022.

The court found that the airline’s failure caused the passenger undue hardship, inconvenience, and financial loss. “The Plaintiff is entitled to substantial compensation for the distress occasioned by the Defendant’s negligence”, Justice Kala ruled.

British Airways had argued that the mix-up occurred because Osho’s luggage still carried an old Air France tag, which allegedly contributed to its misplacement. However, Justice Kala dismissed the defence as “weak and unconvincing”, describing it as an afterthought designed to evade liability under Article 17(2) of the Montreal Convention. The Judge further stressed that the airline failed to establish that Osho contributed in any way to the loss, and therefore, could not exonerate itself from responsibility.

Court records show that Osho filed the suit, FHC/L/CS/1754/2023, on August 31, 2023, and supported his claims with documentary evidence, including his boarding pass and baggage tag BA741520.

In his judgement, Justice Kala concluded that British Airways had failed to meet its burden of proof, and was liable for the passenger’s losses. The ruling adds to the growing number of passenger rights cases in Nigeria, reinforcing the obligations of international carriers to uphold global aviation standards in their operations.

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