The Federal High Court in Lagos has ordered a new hearing in a case filed by Alhaji Yekeen Idowu against KLM Royal Dutch Airlines, regarding an alleged breach of contract and willful misconduct during the plaintiff’s travel from Germany to Nigeria in 2018.
Presiding over the matter, Justice Musa Kakaki ruled that the case will restart de novo on April 1, 2025, following arguments from both legal teams concerning the continuation of cross-examination.
During the hearing, the plaintiff’s counsel, Enitan Afolabi, argued that given the case was previously part-heard by Justice Awoboro, it must restart under a new judge as mandated by Section 23 of the Federal High Court Act.
Afolabi expressed surprise that the defence sought to continue from where the previous proceedings left off.
Defense counsel, Fidelis Okeke, opposed the motion for a fresh trial, urging the court to adhere to its records.
He accused the plaintiff’s legal team of causing repeated delays since 2020 and insisted that the case should proceed immediately to the defence stage.
Background of the Case
The lawsuit arises from an incident on July 3, 2018, when Alhaji Yekeen Idowu travelled on KLM Royal Dutch Airlines from Germany to Nigeria, using reservation codes MOHSKI and V4P8K4.
The plaintiff alleges that the airline arbitrarily changed his agreed itinerary from Stuttgart, Germany, to Lagos, Nigeria, via Amsterdam.
Instead, he was rerouted through Paris, France, and Casablanca, Morocco, leading to significant delays.
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The plaintiff alleges that his flight from Stuttgart to Paris was delayed by eight hours, for which KLM compensated him with €600.
However, upon reaching Paris, he was placed on an Air France flight and later abandoned in Casablanca for over 48 hours, without proper accommodation, access to his family, or contact with his business associates.
Additionally, the plaintiff claims he faced harassment from Moroccan immigration authorities, was denied contact with KLM representatives, and was confined to a deportee waiting room, where he alternated between sitting on a chair and sleeping on the bare floor.
Legal Demands
Alhaji Idowu is seeking a total of ₦45 million in damages, plus additional costs, for the distress and financial losses he suffered, including:
– €700 for securing an alternative flight from Casablanca to Lagos.
– ₦1.2 million for loss of professional time, calculated at ₦50,000 per hour over 24 hours.
– ₦45 million in general damages for negligence, willful misconduct, and financial losses.
The plaintiff’s counsel also stated that KLM ignored multiple legal demands, including letters sent in May and June 2019, highlighting the airline’s alleged indifference to its contractual obligations.
As the case resumes on April 1, 2025, the court is expected to hear witness testimonies from both parties, with each side presenting one witness.
The outcome could have significant implications for airline liability and passenger rights under Nigerian aviation law.
