US Helicopter Firm May Face Criminal Charges Over Wigwe’s Death

The operators of the helicopter involved in the tragic crash that claimed the lives of former Group Chief Executive Officer of Access Holdings Plc, Herbert Wigwe, his wife Doreen, their son Chizi, and three others may soon face criminal charges in the United States, according to aviation industry experts.

The crash occurred on February 9, 2024, when an Airbus EC130B4, operated by Orbic Air, LLC under Title 14 Code of Federal Regulations Part 135, crashed near Halloran Springs, California.

Among those who perished were Wigwe, his wife, their son, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots.

Naijaonpoint had earlier reported that a final report by the U.S. National Transportation Safety Board (NTSB) pointed to “pilot disorientation” and a violation of flight protocols as key causes of the crash.

The investigation revealed that the decision to proceed under visual flight rules in instrument meteorological conditions contributed to the tragedy.

A faulty radar altimeter, previously flagged during a repositioning flight earlier that day, was also identified as a potential factor.

Industry professionals in Nigeria now assert that the U.S. government is likely to pursue criminal negligence charges against Orbic Air, with a judicial panel of inquiry set to review the case.

The panel will assess the extent of liability and determine potential penalties for the helicopter company.

A retired pilot with the defunct Nigeria Airways, Capt Muhammed Badamasi, in an interview with Punch noted, “It’s already a legal matter. The panel of inquiry will determine whether the crash and the resulting deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow.”

Badamasi also emphasised that legal proceedings would take place in the U.S., with agencies such as the Federal Aviation Administration (FAA), NTSB, and representatives from the Nigerian Civil Aviation Authority (NCAA) and the Nigerian Safety Investigation Bureau possibly involved as interested parties.

As legal scrutiny intensifies, experts believe this case could set a significant precedent for regulatory enforcement in private charter operations, both in the U.S. and internationally.

A retired pilot and current Managing Director of Aero Contractors, Capt Ado Sanusi, expressed similar views, stating that prosecution would follow the completion of the investigation.

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.”

Sanusi emphasised that while aviation authorities play a critical role in identifying the cause of the incident, the final decision regarding prosecution rests with the legal authorities, who will apply the relevant laws in accordance with the findings.

The NTSB report revealed that a malfunction in the radar altimeter was detected hours before the ill-fated flight during a transfer from a maintenance facility. Despite this safety concern, the aircraft proceeded with the passenger flight, leading to the tragic loss of six lives.

Industry expert Chris Aligbe also weighed in, stressing that negligence in aviation is no longer treated lightly.

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.”