The operators of the helicopter that claimed the life of former Group Chief Executive Officer of Access Holdings Plc, Herbert Wigwe, alongside his wife, son, and three others in February 2024, may soon face criminal charges in the United States, aviation industry operators and experts have confirmed.
The helicopter, an Airbus EC130B4 operated by Orbic Air, LLC, under Title 14 Code of Federal Regulations Part 135, crashed near Halloran Springs, California, on February 9, 2024.
On board were Wigwe, his wife, Doreen, their first son, Chizi, and former NGX Group Chairman, Abimbola Ogunbanjo, along with two pilots, all of whom died in the crash.
A final report by the US National Transportation Safety Board cited “pilot disorientation” and a violation of flight protocols, especially the decision to proceed under visual flight rules in instrument meteorological conditions, as key causes of the crash.
Additionally, a faulty radar altimeter, which had been flagged during a repositioning flight earlier that day, was noted as another potential contributor to the tragedy.
Aviation professionals in Nigeria now assert that the US government is likely to pursue charges of criminal negligence against Orbic Air before a judicial panel of inquiry.
The panel would review the case and determine the extent of liability and also the extent of punishment applicable to the helicopter company.
Speaking to The PUNCH, Capt Muhammed Badamasi, a retired pilot with the defunct Nigeria Airways, said the matter was already a legal one, noting the state as the plaintiff and the helicopter company as the defendant.
He said, “It’s already a legal matter. The panel of inquiry will determine whether the crash and the resultant deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow.”
Badamasi emphasised that any legal process would be handled in the US, noting that agencies such as the Federal Aviation Administration, National Transportation Safety Board, and representatives from the Nigeria Civil Aviation Authority and Nigeria Safety Investigation Bureau may be involved as interested parties.
Badamosi emphasised that as legal scrutiny intensifies, the case may become a watershed moment for regulatory enforcement in private charter operations, both in the US and internationally.
Echoing similar views, a retired pilot and current Managing Director of Aero Contractors, Capt Ado Sanusi, said the prosecution will be done by the state after the accident investigation body submits the root cause of the unfortunate incident.
He said, “Once the investigation report is out, the next step lies with the appropriate legal authorities. If negligence is established, it is within their jurisdiction to act accordingly. The role of the aviation industry ends with identifying the cause.”
Sanusi added that the appropriate agency of the state is expected to take up the matter, “but I know that their laws will be considered as appropriate.”
The NTSB’s report detailed how, hours before the fatal flight, a malfunction in the radar altimeter was observed during a transfer from a maintenance facility.
Despite the safety concern, the aircraft proceeded with the passenger flight later that day and ended the lives of six people.
Another industry expert, Chris Aligbe, noted that the matter will be prosecuted under American laws, adding that issues of negligence are no longer handled with levity in the aviation industry globally.
He said, “Before now, issues like this happened and the masterminds got away with it, but not anymore, things are changing. The root cause will be determined and prosecuted in accordance with the law of the land.”
