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Published On: Fri, Feb 16th, 2018

AIB slams Delta Airline for flouting Aviation laws

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From Suleiman Idris, Lagos

The Nigeria aviation accident investigative authority, Accident Investigation Bureau (AIB) on Wednesday condemned in strong term the adamant posture of the United State carrier, Delta Airline for refusing to report it emergency landing incident at the Lagos airport on Tuesday to the authority almost 24 hours after the incident took place as required by law whilst the airline immediately notified the United States National Transportation Safety Board (NTSB), AIB’s sister agency in the US moment after the serious incident took place.
It described the act as an affront to the laws and Regulations of Nigeria, in this case the country of occurrence, affirming that AIB has an obligation to notify the International Civil Aviation Organisation (ICAO), but cannot do so because Delta Airline whose aircraft N858NW has refuse to notify the agency. AIB establishing Act is derived from the ICAO Annex 13.
Commissioner of AIB, Engineer Akin Olateru at a press briefing at the agency’s headquarters on Wednesday explained that up until 3pm on Wednesday, the airline did not deem it fit to inform it of the incident in which five passengers out of the 219 were injured while making frantic efforts to disembark from the aircraft whose engine was engulfed in fire.
Olateru said “ Yesterday night, (Tuesday) Delta Airline Flight DL 55, an A330-200 departed Lagos at 21.51UTC with 219 passengers on board. Registration number of the aircraft is N858NW. Aircraft reported fire warning on-board left engine and made emergency landing at the time and that was at 21.19UTC. Passengers have been evacuated and fire put under control. Some passengers sustained minor injuries during the evacuation.
This is all we have at the moment. As you are aware, AIB is an agency of government that investigates accidents and serious incidents. The enabling Act of 2006 and all we do here is in accordance with our regulation which takes a cue from the ICAO Annexe 13.”
According to him “ Everything we do here is in accordance with ICAO Annexe 13. Unfortunately, up until 3pm, this afternoon, Delta as an airline has refused to notify AIB in accordance with the law of our country. But they notified the US NTSB but they refused as at 3pm today, there is still no notification from Delta as to this serious incident. We have an obligation to notify ICAO on this serious incident but unfortunately, we cannot fulfil that obligation because we are still waiting for Delta to give us information as to this serious incident.

He reiterated “ This is a serious incident and by law we are investigating. There is what they call country of occurrence and Nigeria is a country of occurrence of this incident. Yes, it is a US carrier, US operator, US registered aircraft but there are certain state protocols which has to be respected that gives right of investigation to the country of occurrence except the country of occurrence decides to cede that investigation to country of operator or any other country.”

While expressing dismay at the manner the airline flaunt the country’s regulations, he said “ But in this case, we are able, equipped to investigate this serious incident and we will investigate it but for the sake of clarity, am disappointed in Delta. It is one of the world’s biggest airlines in the world for not respecting our own nation and laws of the land. It is totally unacceptable, and we condemn it in totality and I believe the way I see it we are being undermined which is not acceptable.”

“ ICAO law governs all the activities of air transport business. They know that we must notified. Our websites are there; they can download the form, they can download the App. We wrote to Delta October last year notifying them that we have AIB App which they just need to download on their phone and send us notification. It is a very simple process. Nothing can be simpler than this but unfortunately, as 3pm today, they refused to notify the authorised agency by law of the land to investigate this kind of serious incident.

We have a responsibility to report this kind of serious incident to ICAO. We cannot fulfil our own obligation because this incident occurrence has not been reported to us officially by the operator.”

On how the agency is co-operating with the NTSB to investigate the incident, he said “ I have been in contact with my counterpart in the US, Mr. Dennis Jones, MD of NTSB. He agreed with me and he will make sure that Delta do the needful. So, we are expecting.”

He said the agency has taken possession of the aircraft saying “ When you have this kind of thing, we take possession of the aircraft and nobody goes near it. The aircraft is under safety investigation. That is what is required by law but until they make a formal report, then we are expecting them.”

“ I was made to understand they have appointed two investigators to work with us and they should be arriving this afternoon, I was made to understand. US NTSB notified us that Delta has appointed two investigators to join us and NTSB is nominating one person. Their rep too will be joining to assist us on this investigation.”

According to him “ This afternoon, we got information that their engineers want to work on the aeroplane and we made it clear to them that it is a no no. We told them that nobody should go near the aircraft. The best we can do is to safeguard it. Security people are guarding the aircraft.

“ I have insisted that we must interview the crew. We need to know what happened. I got a call too that they want to travel and told them they cannot leave. We have a responsibility. They are still in Nigeria. I have made it clear to them, they cannot go until we take their statement. We have an obligation under the law and we are here to defend that obligation. What Delta has done is to satisfy their own regulations and laws by reporting to the NTSB failing to respect our own law and regulations.”

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