Aviation experts believe Orbic Air, the operator of the helicopter that crashed and killed Herbert Wigwe and five others, may face criminal charges in the US following the NTSB report citing pilot disorientation and safety protocol violations

[dropcap]O[/dropcap]perators and experts in the aviation industry have confirmed that Orbic Air, LLC, the company that operated the helicopter involved in the fatal crash that killed former Access Holdings Plc Group Chief Executive Officer, Herbert Wigwe, his family, and three others in February 2024, may soon face criminal charges in the United States.

Also read: NTSB report reveals cause of Herbert Wigwe helicopter crash, faults pilot, company

The Airbus EC130B4 helicopter, operating under 14 CFR Part 135, crashed near Halloran Springs, California, on February 9, 2024.

Tragically, all six individuals on board perished, including Wigwe, his wife Doreen, their son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots.

A final report issued by the US National Transportation Safety Board (NTSB) identified “pilot disorientation” and a failure to adhere to flight protocols, specifically the decision to continue under visual flight rules in instrument meteorological conditions, as primary factors contributing to the accident.

The report also highlighted a malfunctioning radar altimeter, which had been reported earlier on the day of the crash, as a potential contributing element.

Nigerian aviation professionals now anticipate that the US government is likely to pursue criminal negligence charges against Orbic Air before a judicial panel of inquiry.

This panel would be tasked with reviewing the circumstances of the crash, determining the extent of Orbic Air’s liability, and recommending appropriate penalties.

Speaking to The Punch, retired Nigeria Airways pilot Capt Muhammed Badamasi stated that the matter had already entered the legal realm, with the state acting as the plaintiff and Orbic Air as the defendant.

“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,” Capt Badamasi explained.

He further emphasized that any legal proceedings would take place in the US, with agencies such as the Federal Aviation Administration (FAA), the NTSB, and potentially representatives from the Nigeria Civil Aviation Authority (NCAA) and the Nigeria Safety Investigation Bureau (NSIB) participating as interested parties.

Capt Badamasi suggested that the intensifying legal scrutiny could mark a significant turning point for regulatory enforcement within private charter operations, both in the US and on an international scale.

Echoing these sentiments, Capt Ado Sanusi, a retired pilot and the current Managing Director of Aero Contractors, stated that prosecution by the state would follow the submission of the accident investigation body’s report detailing the root cause of the incident.

“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,” Capt Sanusi said.

He added that the relevant US state agency is expected to handle the prosecution, emphasizing that “their laws will be considered as appropriate.”

The NTSB’s report detailed that a malfunction in the radar altimeter was observed hours before the fatal flight during a transfer from a maintenance facility.

Despite this known safety issue, the aircraft proceeded with the passenger flight later that day, resulting in the tragic loss of six lives.

Another industry expert, Chris Aligbe, concurred that the case would be prosecuted under American law, noting a global shift towards stricter handling of negligence in the aviation industry.

Also read: AFRIFF launches ‘Trailblazer Award’ Honouring late Herbert Wigwe’s legacy in film, creativity

“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,” Aligbe stated.