Justice James Kolawole Omotosho of the Federal High Court in Abuja has dismissed a N1. 4 billion suit instituted by General Fidelis Azinta against Ibom Airlines Limited over alleged malicious conduct and injury to his person.
The suit by General Azinta, a former General Officer, Commanding Second Mechanized Division of the Nigeria’s Army was thrown out by the Judge for lacking in merit and substance.
General Azinta had in 2023 instituted the suit marked FHC/ ABJ/CS/1649/2023 against the Akwa Ibom State owned Airlines Company claiming the huge sum on various grounds.
Among others, the Military officer claimed that the Airlines exhibited malicious conduct and wrongful arrest against him, breach of contract, causing him embarrassment, using slanderous words against him, battery, high handedness, injury to dignity and false imprisonment.
He claimed to have purchased a flight ticket from Abuja to Enugu in December 2023 but at the boarding point was denied entry into the plane in addition to handing him over to Aviation Security operatives like a common criminal,
The Army General said he was thoroughly embarrassed by the action of the Airlines workers because nothing unlawful or incriminating was found in his hand luggage at the boarding point.
His claims were, however, debunked by the Airlines, which among others, stated that the Army General breached security protocols by refusing his luggage to be screened by X-Ray Machine.
The Airlines said that contrary to General Azinta’s claim, he was only told to allow his luggage to be taken to the Scanning Machine for mandatory security checks but bluntly declined insisting that only metal detectors at the entry point was enough.
Ibom Airlines maintained that all persuasions to make the plaintiff see reasons for security checks were rebuffed on grounds of being an Army General, hence, the decision to involve Aviation Security Department.
While reviewing the submissions of the two parties along with evidence adduced, Justice James Omotosho found as a fact that the Army General breached security protocols at the Airport.
The Judge found that General Azinta on arrival at the Airport went straight to the Airforce Command Office to enjoy some privileges where his boarding pass was processed for him.
He also established that rather than passing through passengers routes for normal security checks, the Army General was driven straight in the Airforce command bus to the boarding point where his luggage was found to have bypassed mandatory security checks.
Justice Omotosho also found that all appeals to the plaintiff to respect the security protocols were ignored before the Aviation security department was involved, leading to his being taken to an office with luggage.
To worsen the situation, the Judge said that information on his flight ticket showed that he had no luggage whereas he had an unchecked and unweighted luggage.
In all, the judge said that the pendulum of justice tilted in favour of the Airlines as all claims of the Army General were found to be without merit,
Justice Omotosho said that where security checks are mandatory, all passengers must abide by same adding that the plaintiff bypassed mandatory security checks when he allowed himself to be driven from the Airforce command office straight to the boarding point.
He therefore held that the plaintiff was not entitled to any of the demands made against the Airlines and consequently refused to grant them.
Justice Omotosho held that being invited to the Aviation security department should not be taken as arrest and detention but an action to get the right thing to be done.
He also said that contrary to the claim of the plaintiff, there was no scintilla of evidence that he was manhandled, hence, the allegations of harassment, battery, slander, malicious conduct, tresses, breach of contract have no legs to stand.
The Judge held that General Azinta cannot benefit from his own wrong doings adding that he did not approach the court with a clean hand.
Justice Omotosho subsequently dismissed the suit in its entirety for being baseless, frivolous, unwarranted and lacking in substance.
