In a tragic turn of events, the operators of the helicopter involved in the crash that claimed the lives of former Group CEO of Access Holdings Plc, Herbert Wigwe, his wife, son, and three others in February 2024, may soon face criminal charges. Experts from the aviation industry have confirmed that the U.S. government is likely to pursue charges of criminal negligence against Orbic Air, LLC, the company that operated the ill-fated Airbus EC130B4.
The fatal crash, which occurred on February 9, 2024, near Halloran Springs, California, resulted in the deaths of Herbert Wigwe, his wife Doreen, their son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots. The U.S. National Transportation Safety Board (NTSB) conducted an investigation and highlighted several key factors that contributed to the crash, including “pilot disorientation” and a breach of flight protocols, especially in adverse weather conditions.
The NTSB’s final report revealed that the helicopter’s flight proceeded under visual flight rules (VFR) despite encountering instrument meteorological conditions (IMC), a critical violation that resulted in the loss of control. Furthermore, the investigation uncovered that a faulty radar altimeter, which had been flagged earlier in the day during a repositioning flight, may have contributed to the incident.
Aviation professionals in Nigeria have expressed their belief that Orbic Air could face serious legal consequences, as the NTSB’s findings suggest negligence on the part of the helicopter operator. Aviation expert and retired pilot Capt. Muhammed Badamasi stated, “The case has already become a legal matter, and a judicial panel will determine whether the crash resulted from a breach of the company’s safety protocols.”
The inquiry will seek to establish whether Orbic Air violated aviation regulations or operated the aircraft recklessly, which could lead to criminal charges. Capt. Badamasi further emphasized that the legal process would unfold in the U.S., with relevant agencies such as the Federal Aviation Administration (FAA), the NTSB, and other international stakeholders, including the Nigerian Civil Aviation Authority (NCAA), playing a role in the investigation.
The criminal prosecution of Orbic Air would set a crucial precedent in aviation safety, especially for private charter operations. A similar sentiment was echoed by Capt. Ado Sanusi, a retired pilot and current Managing Director of Aero Contractors. He noted, “Once the investigation report is out, if negligence is found, it is within the jurisdiction of the appropriate legal authorities to act accordingly.”
A key element in the investigation was the discovery that a malfunctioning radar altimeter, reported earlier that day during a repositioning flight, was not addressed before the helicopter proceeded with its fatal journey. This negligence is a central point of contention, as the faulty altimeter could have impaired the pilot’s ability to determine the helicopter’s altitude, exacerbating the tragic outcome.
Chris Aligbe, an aviation expert, highlighted the growing shift in how aviation negligence is handled globally. “Issues like these were once brushed aside, but now the industry is evolving, and there is no tolerance for such disregard for safety protocols,” he remarked. “The investigation will establish the root cause, and Orbic Air must be held accountable under U.S. law.”
The tragic incident that took the lives of six individuals has left the families and colleagues of the victims in mourning. However, as legal proceedings unfold, the case may also spark broader discussions about the safety protocols for private helicopter operations, especially regarding aircraft maintenance and pilot decision-making.
This ongoing investigation into the helicopter crash serves as a reminder of the critical importance of aviation safety standards and the responsibility of operators to uphold them. As authorities in the U.S. and Nigeria continue their inquiry, it is hoped that the lessons learned from this tragedy will lead to improved regulations and greater accountability in the aviation industry.
The upcoming legal proceedings will undoubtedly be a watershed moment for aviation law, not just in the U.S., but globally. As the U.S. legal system moves toward possible charges, the aviation community is watching closely to see how the matter will be resolved.