Ex-governorship candidate in Nigeria sues British Airways over alleged contract breach

Athan Achonu, the Labour Party (LP) candidate in the recently concluded governorship election in Imo State, has sued British Airways, demanding N200 million in damages over an alleged contract breach.

Mr Achonu, through his lawyer, Okwudili Anozie, filed the suit marked: FHC/ABJ/CS/755/2024 before Justice Inyang Ekwo of a Federal High Court in Abuja.

In the writ of summons dated 29 May and filed 31 May, the politician sued British Airways as sole defendant, wherein he sought five claims.

Mr Achonu demanded a refund of the fare paid for the ticket purchased by him from the defendant for the Lagos-Houston return journey amounting to the sum of £16,505.00 (sixteen thousand five hundred and five pounds sterling).

He also prayed the court to order the airline to pay the sum of N200 million as general damages.

He equally sought a 20 per cent interest per annum on his claim number one above, from 21 December 2022, when the defendant cancelled his booking until judgment is delivered in the suit.

Mr Achonu further sought a 10 per cent interest per annum from the date of judgment until the judgment sum is fully liquidated.

He, therefore, sought compensation for the cost of the suit.

The alleged contract breach

In his statement of claim, Mr Achonu, who described himself as a businessman, said he is a premium traveller with British Airways “and is a gold member of the defendant’s executive club.”

He said he purchased the airline’s first-class ticket for his trip to Houston through London for £16,505.00 (sixteen thousand, five hundred and five pounds sterling) and his return trip from Lagos-Houston.

“The ticket with booking reference number M7NORM, outlined that the defendant’s flight would take off on 15th December, 2022 from Lagos, arrive at London on the 16th December, 2022, take off from London on 21st December, 2022 and arrive Houston same day.

“For the return journey, the Houston – London trip was scheduled for 11th January, 2023 and the London — Lagos trip was fixed for 11th January, 2023.

“The plaintiff pleads and shall rely on a copy of his ticket.

“The plaintiff travelled from Lagos to London on the 15th of December, 2022 without any encumbrance.

“However, on reaching London, the plaintiff had a business engagement that necessitated extending his stay in London.

“Prior to the plaintiff’s departure date from London, he informed the defendant’s office of his intention to change his traveling date to Houston from 21/12/2022 to 22/12/2022 for which he was charged $563 (five hundred and sixty three United States dollars).

“The plaintiff informed the defendant’s staff that he has an outstanding voucher with over $4000 that should be used to settle the sum but this request was refused by the defendant whose staff insisted that the defendant’s E-Voucher was unacceptable for the service and that the plaintiff has to make a fresh payment to effect the date change.”

According to him, the defendant’s staff vehemently refused to deduct the $563 from the plaintiff’s E-voucher number, 125-421 4295529, which the defendant issued to him.

He said he decided to use the debit card attached to his company’s bank account since the airline refused the request that payment should be deducted from the E-voucher.

“But (the) same was refused by the defendant’s staff, who insisted the plaintiff must use a bank card bearing his own name.

“The defendant’s staff had further informed the plaintiff that his ticket would be cancelled for failure to pay the $563 date change fee with his personal bank card and, therefore, the unused London-Houston journey, as well as the Houston-Lagos return journey stands forfeited.

“As a result of the defendant’s action, the plaintiff had to source for funds to purchase an entirely new ticket with which he made his trip from London to Houston and back to Nigeria.

“The plaintiff, who is a first-class traveller and a gold member of the defendant’s executive club, deserved a better treatment than what was meted out to him by the defendant,” Mr Achonu said

The businessman insisted that British Airways’ refusal to use the funds in the E-voucher it had issued to him or apply his company’s debit card to defray the cost of the date change was not in accordance with the airline’s contract with him.

According to him, the defendant’s inordinate actions have foisted undue stress and financial loss on the plaintiff.

“The plaintiff is left with no other choice but to seek redress from this honourable court,” he said.

Resumed hearing

Upon resumed hearing in the suit, Gregory Ukpong, who appeared for Mr Achonu, told the court that though the matter was fixed for mention, he had a little mix-up with regards to service.

“In the circumstance, we will be asking for a further date,” Mr Ukpong said.

“You filed this matter on 25th May, 2024. Today is 29th October, 2024 and you are coming to talk about service,” Justice Ekwo asked him rhetorically.

The lawyer responded that they mobilised the bailiff for service but they just realised that there was a mix-up.

“You may not be lucky as you are today next time as I might have to penalise you,” the judge said, and adjourned the matter until 19 February 2025 for further mention.

(NAN)