The helicopter firm behind the crash that killed former Access Bank, CEO Herbert Wigwe and his family last year, may soon face criminal charges in the United States, according to aviation industry experts.
TheNewsGuru reports that the former group chief executive officer of Access Holdings, Herbert Wigwe, his wife, Chizoba and son Chizi and others died in a helicopter crash near Halloran Springs, California, United States on February 9.
The U.S. National Transportation Safety Board (NTSB) in a final report pointed out the probable cause of the crash was the pilot’s decision to continue the flight under visual flight rules into instrument meteorological conditions.
The board also revealed that the pilot likely experienced spatial disorientation while maneuvering the helicopter in IMC, which led to his loss of helicopter control and the resulting collision with terrain.
The report added that the helicopter company’s inadequate oversight of its safety management processes was a contributing cause of the crash.
Reacting to the report, Industry professionals in Nigeria asserted that the U.S. government is likely to pursue criminal negligence charges against Orbic Air, with a judicial panel of inquiry set to review the case.
The panel will assess the extent of liability and determine potential penalties for the helicopter company.
A retired pilot with the defunct Nigeria Airways, Capt Muhammed Badamasi, in a recent interview noted, “It’s already a legal matter. The panel of inquiry will determine whether the crash and the resulting deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow.”
The retired pilot also stressed that legal proceedings would take place in the U.S., with agencies such as the Federal Aviation Administration (FAA), NTSB, and representatives from the Nigerian Civil Aviation Authority (NCAA) and the Nigerian Safety Investigation Bureau possibly involved as interested parties.
As legal scrutiny intensifies, experts believe this case could set a significant precedent for regulatory enforcement in private charter operations, both in the U.S. and internationally.
Capt Ado Sanusi, another retired pilot and current Managing Director of Aero Contractors, expressed similar views, stating that prosecution would follow the completion of the investigation.
He said, “Once the investigation report is out, the next step lies with the appropriate legal authorities. If negligence is established, it is within their jurisdiction to act accordingly.”
Sanusi emphasised that while aviation authorities play a critical role in identifying the cause of the incident, the final decision regarding prosecution rests with the legal authorities, who will apply the relevant laws in accordance with the findings.
The NTSB report revealed that a malfunction in the radar altimeter was detected hours before the ill-fated flight during a transfer from a maintenance facility. Despite this safety concern, the aircraft proceeded with the passenger flight, leading to the tragic loss of six lives.
Industry expert Chris Aligbe also weighed in, stressing that negligence in aviation is no longer treated lightly.
He said, “Before now, issues like this happened and the masterminds got away with it, but not anymore, things are changing. The root cause will be determined and prosecuted in accordance with the law of the land.”