The Federal High Court in Lagos has ordered Dana Airlines Limited to pay N5.5 million to a passenger, Babajide Idowu, over an 11-hour delay on a 2018 Abuja-Lagos flight, holding that the airline breached its contract of carriage by failing to provide timely information on the cause of the delay.
Justice Yellim Bogoro, in a judgement delivered on May 25, 2026, awarded N5 million as general damages and another N500,000 as solicitor’s fees to Idowu, who had sued the airline over Flight 9J-356 scheduled to convey him from Abuja to Lagos on July 5, 2018. The Judge held that Dana Air failed to communicate the reason for the prolonged delay, despite keeping the passenger waiting for about 11 hours.
Justice Bogoro, however, declined to award the $4,150 compensation sought by Idowu under the Montreal Convention, ruling that the passenger eventually travelled on the delayed flight and was therefore, not entitled to reimbursement or compensation under the applicable Nigerian Civil Aviation Regulations. The court held that while the airline breached its obligations, the circumstances did not warrant payment under the specific compensation provision relied upon by the passenger.
During the trial, Idowu told the court that although Dana Air sent several emails informing him about changes to the flight schedule, none explained why the flight had been delayed. He said he eventually arrived in Lagos at about 11:10pm and only learnt months later, after demanding compensation through his Lawyer, that the airline attributed the delay to safety checks allegedly advised by the Nigerian Civil Aviation Authority (NCAA).
Dana Air’s Legal Manager, Chigozie Igbonugo, had told the court that the delay was caused by regulatory safety checks. However, under cross-examination, the witness admitted that he was not aware whether passengers were informed of the reason for the delay at the airport. Justice Bogoro described the airline’s explanation, which came only after the passenger sought compensation, as an “afterthought” and held that Dana Air failed to prove that it took all reasonable measures to avoid the consequences of the delay.
Relying on Article 19 of the Montreal Convention, domesticated under Section 48(2) of the Civil Aviation Act 2006, as well as provisions of the Nigerian Civil Aviation Regulations 2015, the court held that airlines have a duty to provide passengers with reasons for significant delays and appropriate assistance. The Judge also relied on the 2025 Supreme Court decision in Femi Anibaba v Dana Airlines Ltd & Anor, which recognised compensatory damages for psychological trauma and emotional distress arising from air travel-related breaches.
The court also dismissed Dana Air’s N10 million counter-claim against Idowu, in which the airline alleged that the lawsuit caused negative publicity, loss of patronage and financial hardship.
Justice Bogoro held that Dana Air failed to prove that Idowu was responsible for media reports about the case, or that the reports caused any financial loss, stressing that “mere assertion without proof goes to nothing near establishing the assertion”. The court consequently, entered judgement in favour of Idowu, and dismissed the airline’s counter-claim in its entirety.