In a legal battle that could set a significant precedent in aviation and human rights law, Jake Epelle, Chief Executive Officer (CEO) of The All Rights Foundation (TAF) Africa, has filed a N150 million lawsuit against Emirates Airline. The case, which is being heard by Justice Musa Liman of the Federal High Court in Abuja, centers on allegations of human rights violations and breach of contract.
Epelle, a prominent advocate for the rights of persons with albinism and disabilities, claims he was unjustly denied boarding on a connecting flight to Boston during a medical trip to the United States. This denial, he alleges, caused him to miss a crucial surgical appointment, leading to undue hardship, trauma, and embarrassment.
The Incident
According to court documents, the ordeal began on December 20, 2020, when Epelle, accompanied by a colleague, Mrs. Green Mary Ibitoru, boarded Emirates flight EK 785 from Nnamdi Azikiwe International Airport in Abuja to Dubai. The two were en route to Boston, Massachusetts, and ultimately to San Francisco for a pre-scheduled dermatological surgery.
Upon arriving at Dubai International Airport, Epelle attempted to board the connecting flight to Boston but was denied access by Emirates staff. He claims that the airline cited a communication allegedly received from U.S. border control, instructing that he be barred from boarding. Despite repeated requests, Epelle says he was not shown any evidence of this directive.
“I was never given a clear explanation or shown any documentation to justify the denial,” Epelle stated in his claim. “I have no travel restrictions, no criminal records, and I am not a politically exposed person. Yet, I was treated as though I had committed a crime.”
Public Humiliation and Missed Surgery
The situation escalated as onlookers at the Dubai airport, some of whom recognized Epelle, began speculating about the reasons for his denial. The public nature of the incident, according to Epelle, left him humiliated and visibly distressed.
“The embarrassment I suffered was profound,” Epelle recounted. “Friends and other passengers who recognized me at the airport assumed I was involved in some criminal activity. Despite their pleas to the airline, I was still denied access to board.”
Unable to board the flight, Epelle was forced to return to Nigeria without his luggage, which had been tagged alongside his colleague’s. His medical trip was abruptly canceled, and the missed surgery caused him significant physical and emotional pain.
Discrepancies and Follow-Up
Upon returning to Nigeria, Epelle sought clarification from the U.S. Embassy in Abuja, where he met with the Head of Mission. According to Epelle, the embassy confirmed that there were no restrictions or directives preventing him from traveling to the United States on December 20, 2020.
This revelation, he argues, highlights Emirates Airline’s failure to verify the authenticity of the purported email from U.S. border control, which the airline allegedly used as the basis for denying him boarding.
Legal Claims and Damages
In the suit marked FHC/ABJ/CS/1285/2021, Epelle is seeking:
- A declaration that Emirates Airline’s actions constituted a breach of their contract of carriage.
- A ruling that the airline’s refusal to allow him to board was unjust, discriminatory, and a violation of his fundamental rights.
- An order directing the airline to pay N150 million as general damages for the suffering, trauma, and embarrassment caused by their actions.
Epelle’s legal team argues that the airline’s failure to adequately investigate the alleged U.S. directive and its subsequent treatment of their client were egregious breaches of duty and human rights.
A Fight for Accountability
Epelle eventually managed to reschedule his surgery, traveling through Delta Airlines for the appointment in San Francisco. However, he insists that the damage caused by Emirates Airline’s actions cannot be undone.
“This isn’t just about me,” Epelle stated. “It’s about holding corporations accountable for their actions and ensuring that no one else has to endure such mistreatment.”
Implications for Aviation and Human Rights
The case has drawn significant attention, with legal experts noting its potential implications for consumer rights and accountability in the aviation industry. If successful, Epelle’s lawsuit could set a precedent for how airlines handle disputes and ensure transparency in their operations.
As the court proceedings continue, many are watching closely, seeing this as a critical test of corporate responsibility and the enforcement of fundamental human rights in Nigeria and beyond.
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