IN THE FEDERAL HIGH COURT IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO:

BETWEEN: MRS EMMANUEL OBOT (For herself and on behalf of the Estate of Late Prof Emmanuel Obot) AND 1. DANA AIRLINES 2. PRESTIGE ASSURANCE PLC 3. NIGERIAN CIVIL AVIATION AUTHORITY 4. ATTORNEY GENERAL OF THE FEDERATION DEFENDANTS

PLAINTIFF

STATEMENT OF CLAIM

1.

The Plaintiff is the widow of the Late Professor Obot Emmanuel (the deceased), and the Personal Representative his Estate. She brings this action for and on behalf of the benefit of the said Estate of the deceased.

2.

Further to the above, the Plaintiff who is a civil servant in the Federal Ministry of Education, Abuja, and is currently attached to the Federal Inspectorate Services, Lagos division, brings this action on behalf of herself, and for the benefit of the following persons:

Utip Emmanuel Obot, the eldest daughter of the deceased, aged 32 years and currently studying Information Technology at Multi-Media University Kuala Lumpur, Malaysia;

Asuquo Akpan Emmanuel Obot, the second child and 1st son of the deceased, aged 30 years, and is a pilot with Arik Airlines Limited;

Abraham Emmanuel Obot, the third child and 2nd son of the deceased, aged 11 years is a student of British Nigeria Academy, Abuja; and

Daniel Emmanuel Obot, the youngest child and 3rd son of the deceased, aged 9 years is a primary 6 student of Liberty Bells Schools, Badore Ajah. Lagos.

3.

The 1st Defendant (Dana Air), is a member of Dana Group of Companies Plc having its Registered/Administrative Office as 51, Allen Avenue Ikeja, Lagos, Nigeria, and is/was at all material times carrying on the business of an air transport undertaking till date.

4.

The 2nd Defendant is a limited liability company engaged in the business of providing insurance coverage plans/schemes, with its registered office situate at 19, Ligali Ayorinde Street, Victoria Island, Lagos and has at all material times acted as an insurer to the 1st Defendant till date.

5.

The 3rd Defendant is a creation of statute, a body corporate with perpetual succession with the power to regulate civil aviation and control air transport undertakings in Nigeria.

6.

The 4th Defendant is the Chief Law Officer of Nigeria and he is sued in that capacity, representing himself, as well as the Federal Government of Nigeria.

The 4th Defendant has offices in different parts of Nigeria, including the office, (Federal Ministry of Justice) at Old Secretariat, Marina. Lagos. General Allegation of Facts

7.

On 3rd June, 2012, the deceased was a passenger on Dana Airline 0992 MC Donnell Douglas MD 83 (the Aircraft), which said aircraft was billed to take passengers from Nnamdi Azikiwe International Airport to Murutala Muhammed Airport (MM2) Lagos. While he was being carried on the said Aircraft from Abuja to Lagos, the said Aircraft crashed to the ground around Iju - Ishaga area of Lagos, in consequence whereof the deceased sustained severe injuries which led to his death on the same day. The Passengers Manifest is herby pleaded and Notice is given to the 1st Defendant to produce same.

8.

The said carriage of the deceased aboard the Aircraft was a non international carriage and within the meaning of the Convention for the Unification of Certain Rules Relating to International Carriage by Air as set out in the 2nd Schedule to the Civil Aviation Act, 2006 CAP. C13 LFN and by virtue of Article 17, paragraph 1 of the said Convention, the 1st Defendant became and is liable for the damage so sustained by the Plaintiff, the said children of the deceased and his Estate thereof.

9.

The deceased doesnt normally travel with Dana Air, but the company [insert name of company] that invited him for [insert purpose of visit] booked Dana Air for him. On the day the deceased boarded Dana Airs aircraft, the said flight was scheduled to depart Abuja for 2pm but didnt leave until 8pm.

10.

The deceased, until the date of his death, was an environmentalist and a Professor working with the Nigerian Consultation Foundation (a Non

Governmental Organization), situate in Lekki. Lagos. He read botany as his 1st degree. We hereby plead the deceaseds Letter of Employment dated [ ] and same shall be relied upon during trial.

11.

Further to paragraph (10), the deceased was an executive director in the Non Governmental Organization and had recently turned 60 years sometime in April, 2012.

12.

Until the date of his death, the Plaintiff and children described above were dependents of the deceased, while earning an annual salary of [ they have and each of them has suffered loss and damage. We hereby plead the deceaseds salary pay slip dated [ ] and same shall be relied upon during trial. ]. By his death, the plaintiff and her children have lost the said means of support, and

13.

The life of the deceased has been unexpectedly, suddenly and considerably shortened as a result of the crash, in consequence whereof the deceaseds Estate has suffered loss and damage.

Plea of Res Ipsa Loquitor

14.

The Plaintiff hereby pleads and shall rely on the doctrine of Res Ipsa Loquitor in establishing that the ill fated Dana air crash of 3rd June, 2012, was caused by an act of omission/negligence while the Aircraft was within the 1st & 3rd Defendants exclusive control & management as the crash was not due to any voluntary action or contribution of the Plaintiff, but is of a kind that ordinarily does not occur in the ordinary course of things, if the 1st & 3rd Defendants had exercised

proper care and/or diligence in the maintenance, control, inspection, management and operation of the Aircraft.

Particulars of Negligence

15.

The 1st Defendant caused and/or permitted the Aircraft to fly on 3rd June, 2012, despite the fact that the operation and maintenance of international safety standards with regards to the Aircraft were not met prior to the Aircrafts takeoff, leading to the failure of the aircrafts engine(s) mid air.

16.

The 1st Defendant caused and/or permitted the Aircraft to fly despite the fact that the Aircraft had a notorious history of mechanical problems especially with its engine which was defective and unreasonably dangerous.

17.

The pilot of the Aircraft, his crew (all employees of the 1st Defendant) and the 3rd Defendant, failed and/or neglected to exercise proper care and diligence by navigating/guiding the Aircraft to a safer landing spot after the Aircraft lost its first engine, as the pilot could have requested for permission to land in Akure or Ibadan before it eventually lost its second engine.

18.

The 1st Defendant and the 3rd Defendant failed to employ any safe or adequate measures in ensuring that the engines of the Aircraft were in good condition before the Aircraft was allowed to take off whilst conveying passengers onboard including the deceased.

19.

The 3rd Defendant caused and/or permitted the Aircraft to be used by the 1st Defendant by failing to conduct regular checks and validation/revalidation of the Aircrafts airworthiness before allowing the 1st Defendant to fly the Aircraft within Nigerias airspace.

20.

The 1st & 3rd Defendants failed and/or neglected to take necessary preventive and precautionary steps, despite repeated complaints and warnings from previous passengers and aviation industry stakeholders about the defective maintenance and operation of the Aircraft, having regard to the age, ownership history, previous mechanical problems, and engine of the Aircraft

21.

The pilot of the Aircraft and his crew (all employees of the 1st Defendant) did not call for help when they should have done so, as they called for help when the plane had already lost its 2 (two) engines.

22.

The pilot and his crew (employees of the 1st Defendant) failed and/or neglected to keep to necessary checklists and emergency guidelines in other to prevent fatalities.

Particulars of Special Damage [Kindly insert]

Whereof the Plaintiff claims against the Defendants jointly and severally as follows: a. The sum of [ ] being general damages suffered by the Plaintiff, her

children and the deceaseds Estate which was caused when the Aircraft crashed to the ground around Iju - Ishaga area of Lagos, and in consequence whereof the deceased sustained severe injuries from which he died on the same day; b. The sum of [ ] as special damages

c. Interest on the said sums of [

] at the rate of 21% per annum from 3rd

June, 2012 until the whole sum is liquidated.

Dated the [ ] day of [

], 2012.