http://blueprintng.com/2013/01/flying-amidst-unresolved-issues/

Dana Air, whose operations were suspended following the crash of its MD-83 aircraft in Lagos on June 3, 2012, re-launched scheduled operations a few days ago. While some members of the public applaud the return of the airline, families of victims of the crash, as well as those who lost properties to the accident, are uncomfortable with it because of some unresolved issues. IME AKPAN reports

Seven months into the Dana Air crash of June 3, 2012 in Lagos, the minister of aviation, Princess Stella Oduah directed the director general of the Nigerian Civil Aviation Authority (NCAA), Dr. Harold Demuren to allow the airline resume scheduled services.

She said the airline should however complete payment of all insurance obligations and claims to the dependants of victims of the crash within two months, and also abide by the safety regulations of NCAA.

Demuren had earlier insisted the airline would not be allowed to fly until it showed evidence of full payment of $100,000 compensation to the families of victims of the accident. According to him, the full compensation was part of the compliance to safety regulations, and consumer protection which the authority stands to protect. He added that until that was done the Air Operator Certificate (AOC) presented to the airline would remain invalid

Justifying the resumption of flights, NCAA spokesman, Mr. Sam Adurogboye said Dana Air passed through the entire five phases of re-certification to obtain the AOC. “From the point of view of safety, everything has been taken care of from our end,” he said

However, counsel for 40 families of victims of the crash, Dr. Bunmi Awoyemi, criticized the minister for authorizing the resumption of Dana Air when victims were yet to be compensated. Awoyemi said many of the relatives of the dead were still dealing with issues arising from the death of their family members.

“Some are yet to find the bodies of their relatives because their bodies were incinerated. Nigerians should bear in mind that Dana Air still owes 80 victims mandatory $30, 000 per victim,” he said.

Awoyemi who had earlier sued the airline in the United States alleged that non-payment of compensation is perpetrated by Prestige Assurance PLC and its re-insurer of 70 percent of the risk, Pritchard Insurance Ltd. /Lloyd’s of London that instructed their solicitors to pay $30, 000 per family.

“Only 13 of the 40 victims have been paid $30,000 per victim. Only 80 victims’ family members had been paid any form of compensation. Many of the 80 include families which lost multiple members of their families to the crash. For such families most of them were paid $30,000 per family instead of the mandatory $30,000 per victim in order to discourage them from suing in the United States.

They deliberately want to postpone the remainder to be included with the balance of $70,000 they are offering in order to make victims family members sign off their rights to a law suit. They are doing this despite the fact that the Civil Aviation Act makes the payment of $30,000 per victim mandatory and payable within 30 days of any fatal air crash.

“This explains why the Oyosoro’s and Ibe’s were each paid $30, 000 each instead of $60, 000 despite the fact that they each lost two family members each,” said Awoyemi.

Lagos lawyer and counsel for ‘seriously affected victims’ Mr. Monday Ubani, said he had expected the federal government to ensure that all affected persons were compensated by the airline before allowing it to resume scheduled flights.

“They have not paid anything or said anything to the victims. They wrote me two months ago that they wanted additional information, which I immediately provided. But since their licence has been returned even before now, the government should compel them to attend to the aggrieved persons.

“I have tried to avoid litigation, but if by the end of January they are still nonchalant about the plight of those whose businesses are adversely affected, we will have no other option than to go to court,” he said.

One of the ground victims, Pastor Daniel Oluranti Omowunmi, suffered collateral damage as his buildings on 8/10 Popoola Street were destroyed completely.

The fallout of the loss, according to Omowunmi, is that he and his family had been squatting in a church since they were displaced. Omowunmi filed for more that than N500m claims from the airline.

He divided the claims into three categories viz: property and items destroyed at N213.1 million, fully stocked imported educational books, N250.5 million and large quantity imported kitchen utensils for sale, N40 million.

He said following the request of the airline’s management on June 20, 2012 to persons who lost properties to file their claims, he, through his solicitors, Messrs Dele Adesina & Co forwarded a comprehensive letter of claims to the airline, but regretted that since the letter forwarded to the airline, no step had been taken to address the situation.

He stated that after the receipt of his letter, a meeting was held between him and the airline’s management where he was offered the sum of N500, 000, an amount he rejected and described as “insulting.”

A representative of Dana Airlines, Mr. A.B. Anand got in touch with me on phone and a meeting was scheduled for July 3, 2012. Lagos State Emergency Management Agency (LASEMA) boss Dr. Olufemi Oke-Osanyintoluwas at the meeting.

“It was at this meeting that Mr. Anand offered me N500, 000 as temporary relief. Naturally, I felt insulted by this high level of insensitivity on the part of the airline and I questioned how the N500, 000 will address the inconveniences and torture my family and I have been put into. Is it to address our homelessness or to rent a house?” he queried.

A resident, Mr. Emmanuel Soyemi, who had a part of his one-storey building destroyed by the aircraft’s wings said he was still traumatized by the event. He is estimate the value of the damaged part of his building.

For some occupants of buildings in the impact zone, the airline gave N200, 000 to each of them as “a first step” with the promise that “when the time of compensation comes, we will duly take care of them.” While some collected the money, others rejected it on the grounds that the amount was paltry.

Meanwhile, the House of Representatives Committee on Aviation expressed concern that the federal government had cleared Dana Airline to resume operations in spite of the many unresolved issues arising from the accident.

Its chairman, Mrs. Nkeiruka Onyejeocha, frowned at the non- payment of compensations to the families of the victims of the crash.

“The committee is particularly worried that all issues relating to the crash have not been resolved, including the payment of compensation to victims, air safety and sundry issues,” she said.

However, the group director of the airline, Mr. Francis Ogboro, said about 90 percent of the bereaved families had been compensated with the initial $30, 000 compensation, while about 80 families had applied for the balance of $70,000.

“The payment of insurance claims due to the families of the victims is not something that will come from Dana Air’ and pocket. We are fully insured. I can assure you that our insurance companies led by Lloyds of London have made adequate arrangement to pay all the families involved in the crash.

“If after two months, payments have not been made, it’s not because Dana Air insurance has not come up with the money to pay,” he said.

He described the accident which involved one of the airline’s MD-83 aircraft as “unfortunate” and maintained that the crash had necessitated its resolve to enhance the maintenance culture of its fleet.

Meanwhile, the chairman of Air Transport Senior Staff Services Association of Nigeria (ATSSSAN), Federal Airports Authority of Nigeria (FAAN) branch, Mr. Ekanem Ekanem, said the return of Dana would reduce the hardship experienced by air travellers due to limited number of airlines operating in the country.

“It is a good development that Dana Air has been allowed to fly. It will allow for flexibility as passengers will be free to pick the choice of airline they want to fly,” he said.

In his reaction, Adurogboye said the temporary exit of the airline resulted in a lot of traffic at the airport. Before the crash, Dana was one of the most sought-after airlines and I believe they were customer-friendly