The operators of the helicopter involved in the tragic crash that claimed the lives of Access Holdings’ former Group Chief Executive Officer, Herbert Wigwe, his wife, son, and three others may soon face criminal charges in the United States, aviation experts have revealed.
The ill-fated helicopter, an Airbus EC130B4 managed by Orbic Air, LLC, went down on February 9, 2024, near Halloran Springs, California. The aircraft was operating under Title 14 of the U.S. Code of Federal Regulations Part 135, which governs commercial air charters.
Among the six victims were Wigwe, his wife Doreen, their son Chizi, and former NGX Group Chairman Abimbola Ogunbanjo, alongside two pilots. The crash shocked the Nigerian and global financial communities, triggering widespread calls for accountability.
A final report released by the U.S. National Transportation Safety Board (NTSB) pointed to pilot disorientation and violation of flight regulations particularly the decision to proceed under visual flight rules (VFR) in instrument meteorological conditions (IMC) as key contributing factors. Also cited was a malfunctioning radar altimeter, previously flagged during a repositioning flight earlier that same day, which may have added to the crew’s misjudgment.
Legal Proceedings Likely
Aviation professionals speaking to journalists indicated that the U.S. government is likely to initiate criminal proceedings against Orbic Air on grounds of criminal negligence. Legal experts say the matter may now move before a judicial panel of inquiry, which will assess the company’s adherence to safety standards and determine potential criminal liability.
Capt. Muhammed Badamasi, a retired pilot with the defunct Nigeria Airways, confirmed that the issue had crossed from regulatory to judicial terrain.
“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 said.
He noted that although the legal process will be governed by U.S. laws, agencies like the Federal Aviation Administration (FAA), NTSB, and potentially the Nigerian Civil Aviation Authority (NCAA) and Nigeria Safety Investigation Bureau (NSIB) may serve as observers or stakeholders due to the international nature of the victims.
Aviation Industry Reacts
Capt. Ado Sanusi, a retired pilot and current Managing Director of Aero Contractors, reiterated that any prosecution would follow the submission of the official investigation report to relevant U.S. legal authorities.
“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 stated.
He added that while aviation bodies investigate the root cause, it is the responsibility of law enforcement agencies to act on findings of criminality.
Industry analyst Chris Aligbe also weighed in, stressing that global aviation enforcement has evolved. Gone are the days, he said, when operators escaped scrutiny after fatal lapses.
“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 noted.
The Chain of Failures
The NTSB report revealed that the radar altimeter, a critical device that measures altitude above ground level, had malfunctioned during a repositioning flight earlier on the day of the crash. Despite the unresolved fault, the aircraft was cleared for another flight this time, a passenger service with high-profile individuals on board.
That decision, aviation experts say, may form the cornerstone of a criminal negligence case, particularly if it is established that the operator knowingly exposed the aircraft and its passengers to avoidable risk.
As the industry watches closely, the upcoming legal process in the United States may set a precedent for charter flight accountability, especially in cases involving private operators transporting prominent individuals.
