The operators of the helicopter involved in the February 2024 crash that killed former Access Holdings Plc Group CEO Herbert Wigwe, his wife, son, and three others may soon face criminal charges in the United States, according to aviation industry experts.
The helicopter, an Airbus EC130B4 operated by Orbic Air, LLC under Title 14 of the Code of Federal Regulations Part 135, went down near Halloran Springs, California, on February 9, 2024.
Among the victims were Wigwe, his wife Doreen, their eldest son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots. There were no survivors.
The U.S. National Transportation Safety Board’s final report identified “pilot disorientation” and violations of flight regulations, particularly the decision to continue flying under visual flight rules despite instrument meteorological conditions, as primary causes of the crash. The report also noted a malfunctioning radar altimeter, which had shown issues during an earlier repositioning flight, as a possible contributing factor.
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Aviation professionals in Nigeria now say the U.S. government is expected to file charges of criminal negligence against Orbic Air, which could face a judicial inquiry to assess its liability and potential penalties.
Speaking to journalists, Capt. Muhammed Badamasi, a retired pilot from the now-defunct Nigeria Airways, described the issue as having entered a legal phase, with the state acting as the plaintiff and the helicopter company as the defendant.
He said,
It’s already a legal matter. The panel of inquiry will determine whether the crash and the resultant deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow.
Badamasi stressed that any legal proceedings would take place in the United States, with agencies such as the Federal Aviation Administration (FAA), the National Transportation Safety Board (NTSB), and representatives from the Nigeria Civil Aviation Authority (NCAA) and the Nigeria Safety Investigation Bureau (NSIB) likely to be involved as interested stakeholders.
He further noted that as legal scrutiny deepens, the case could become a pivotal moment for strengthening regulatory oversight of private charter operations, not only in the U.S. but globally.
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Sharing a similar perspective, Capt. Ado Sanusi, a retired pilot and current Managing Director of Aero Contractors, stated that the prosecution would be initiated by the state once the investigative body concludes and submits its findings on the root cause of the tragic incident.
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. The role of the aviation industry ends with identifying the cause.
Sanusi added that the relevant state agency is expected to handle the case, noting, “but I know that their laws will be considered as appropriate.”
NTSB REPORT
The NTSB report revealed that a radar altimeter malfunction had been detected earlier that day during a transfer from a maintenance facility, hours before the fatal flight.
Despite this safety issue, the helicopter continued with its scheduled passenger flight, which ultimately claimed six lives.
Commenting on the development, aviation expert Chris Aligbe emphasized that the case will be tried under U.S. law, adding that negligence is now treated with utmost seriousness across the global aviation industry.
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.”
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