Chief Executive Officer of The Albino Foundation (TAF) Africa, Jake Epelle, has filed a N150 million suit against Emirates Airlines over allegations bordering on the breach of his fundamental human rights.
Epelle, in the suit marked: FHC/ABJ/CS/1285/2021, filed before Justice Musa Liman of a Federal High Court in Abuja, sued the airline as the sole defendant.
In his statement of claim, the TAF Africa CEO alleged that on Dec. 20, 2020, he was billed to make a medical trip to San Francisco, U.S.
He averred that upon being issued with the boarding passes to San Francisco, he, alongside his colleague, Mrs. Green Mary Ibitoru, boarded flight No EK 785 from the Nnamdi Azikiwe International Airport, Abuja, to Dubai, United Arab Emirates.
He alleged that upon arrival at the Dubai International Airport on Dec. 20, 2020, he sought to board the next flight to Boston as already scheduled, but he was denied access to board the Emirate Airlines.
Epelle said he was informed by the airline staff at their connecting desk in Dubai International Airport that the United States of America border control sent an email requesting that he should be denied access to board their flight to Boston.
He said he kept demanding the reason for being denied access to board the flight to Boston but he was not given any except the one reason which was that the U.S. border control sent a mail to the defendant stating that the plaintiff be denied access to board the defendant’s flight to Boston.
He, however, said that he was never shown any email from the US Border Control denying him access to board the defendant’s flight to Boston.
He said regardless of his insistence of not having any travel restriction, no criminal records and not being politically exposed, Emirate Airlines did nothing to confirm his position.
He said some friends and persons who recognised him at the Dubai International Airport were embarrassed and thought he had been denied boarding for something related to crime, while others joined in confronting and pleading with the defendant to allow him board the flight to Boston, all to no avail.
Epelle said the airline’s refusal to allow him to board the flight to Boston caused him to miss the appointment with his dermatologist for his surgery.
The plaintiff averred that due to the missed surgery, he suffered untold hardships and pain that would not have been if the trip had not been aborted and the surgery had been carried out as initially scheduled.
According to him, “The defendant’s act of refusing me access to board caused me added inconvenience, as I returned to Nigeria without my luggage, as the luggage had been tagged with the luggage of the said colleague.”
He said his tickets to Boston and San-Francisco were seized, and one of the tickets was used to escort him on board Emirates Airlines that brought him back to Abuja on December 20, 2020.
Epelle said he paid N886,751.00 to the airline as the air fare for a return trip from Abuja, Nigeria, to San-Francisco en-route Dubai and Boston; and from San Francisco (USA) to Abuja, Nigeria, en-route New York and Dubai.
He said upon his return to Abuja, he immediately visited the American Embassy where he met the Head of Mission and informed her about his ordeal at the hands of the defendant’s airlines in Dubai.
He said he was told that no restriction was placed on him as at Dec. 20, 2020 and that no instruction was given by the USA Border Control or any of the USA Consulate preventing him from entering USA.
He averred that after he was graciously booked for another surgical appointment by his dermatologist, he travelled back to Stamford Health Care in San Francisco through Delta Airlines for the medical treatment.
He, therefore, sought a declaration that the failure of the Emirate Airlines to allow him board the flight to Boston from Dubai was a breach of the contract of carriage between the duo.
He sought a declaration that in all circumstances of the case, the acts of the defendant in refusing the plaintiff access to board the defendant’s flight to Boston from Dubai is unjust and an infringement of the plaintiff’s right.
Epelle, therefore, sought an order, directing the airline to pay N150 million as general damages for the hardship, suffering, trauma, humiliation and embarrassment he suffered.(NAN)
