The operators of the helicopter that crashed in February 2024, claiming the lives of Access Holdings’ former Group CEO, Herbert Wigwe, his wife, son, and three others, may soon face criminal charges in the United States, according to aviation experts and industry stakeholders.
The ill-fated Airbus EC130B4, operated by Orbic Air, LLC, under Title 14 of the US Code of Federal Regulations Part 135, went down near Halloran Springs, California, on February 9. The crash killed all six people on board—Wigwe, his wife Doreen, their first son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots.
A final report by the US National Transportation Safety Board (NTSB) cited “pilot disorientation” and the decision to operate under visual flight rules (VFR) despite prevailing instrument meteorological conditions (IMC) as major contributing factors. Additionally, a faulty radar altimeter—flagged earlier during a repositioning flight—was listed as a potential cause.
Experts have said the crash, now a subject of legal scrutiny in the US, could lead to criminal charges against Orbic Air for alleged negligence. Aviation professionals argue that the case may proceed to a judicial panel of inquiry, where the extent of Orbic Air’s liability will be examined.
Speaking to The PUNCH, Capt. Muhammed Badamasi, a retired pilot with the defunct Nigeria Airways, said the matter has entered a legal phase, with the US government potentially acting as plaintiff.
“It’s already a legal matter. The panel of inquiry will determine whether the crash and resultant fatalities 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 the case will be handled within the United States legal framework, with the Federal Aviation Administration (FAA), NTSB, and potentially the Nigeria Civil Aviation Authority (NCAA) and Nigeria Safety Investigation Bureau (NSIB) involved as interested parties.
According to him, the case could serve as a landmark for stricter regulatory enforcement in private charter aviation, both in the US and globally.
Capt. Ado Sanusi, Managing Director of Aero Contractors and a retired pilot, echoed similar sentiments, stating that any prosecution would follow the conclusion of the NTSB’s investigation.
“Once the report is finalised, the appropriate legal authorities will determine the next steps. If negligence is established, it falls within their jurisdiction to act. The aviation industry’s role ends with identifying the root cause,” he explained.
Sanusi also said he expects the appropriate state agency in the US to initiate legal proceedings if warranted, and that the legal process will be guided by relevant American laws.
According to the NTSB report, the radar altimeter malfunctioned during a transfer from a maintenance facility earlier in the day. Despite this, the aircraft continued with its scheduled passenger flight, resulting in the fatal crash.
Commenting on the implications, aviation consultant Chris Aligbe noted that the era of impunity in aviation accidents is over.
“In the past, cases like this were swept under the carpet, but that’s no longer the case. The root cause will be thoroughly investigated and prosecuted under the law of the land,” he said.
The ongoing investigation and possible legal action could set a precedent for holding private aviation operators accountable for lapses in safety protocols.
