Alleged rights breach: Jake Epelle files N150m suit against Emirates Airline

Mr Jake Epelle, Chief Executive Officer (CEO) of The Albino Foundation (TAF) Africa, has filed a N150 million suit against Emirates Airline 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 December 20, 2020, he was billed to travel for his 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 (U.A.E).
He alleged that upon arrival at the Dubai International Airport, on December 20, 2020, he sought to board the next flight to Boston as already scheduled but was denied access to board the Emirates Airline.
Ekpelle said he was informed by the airline staff at their connecting desk in Dubai International Airport, Dubai that the United States of America (USA) border control sent a mail to them via electronic mail (email) requesting that he should be denied access to board their flight to Boston.
He said he kept demanding for the reason for being denied access to board the flight to Boston but 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 mail from the U.S. 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 been politically exposed, Emirates Airline 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 but all to no avail.
Ekpelle said the airline’s refusal to allow him to board the flight to Boston caused him to miss the appointment with the dermatologists 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 ticket to Boston and San-Francisco was seized and one of the tickets was used to escort him on board Emirates Airline which brought him back to Abuja on December 20, 2020.
Ekpelle 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 after which he was issued a flight ticket.
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 December 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 Airline for the medical treatment.
He, therefore, sought a declaration that the failure of Emirates Airline 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.
Ekpelle, therefore, sought an order, directing the airline to pay N150 million as general damages for the hardship, suffering, trauma, humiliation and embarrassment he suffered.