The operators of the helicopter that crashed and claimed the lives of Herbert Wigwe, former Group CEO of Access Holdings Plc, his wife, son, and three others in February 2024, may soon face criminal charges in the United States, according to aviation experts and industry insiders.
The ill-fated Airbus EC130B4, operated by Orbic Air, LLC under the U.S. Federal Aviation Administration’s Part 135 charter regulations, went down near Halloran Springs, California, on February 9. All six on board—including Wigwe, his wife Doreen, their son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots—were killed.
A recent report by the U.S. National Transportation Safety Board (NTSB) attributed the crash primarily to pilot disorientation and a decision to continue flying under visual flight rules despite instrument meteorological conditions—a violation of standard aviation protocols. The NTSB also highlighted a malfunctioning radar altimeter, reported earlier the same day during a repositioning flight, as a contributing factor.
In the wake of these findings, aviation professionals in Nigeria say Orbic Air may be prosecuted for criminal negligence. A judicial panel of inquiry in the U.S. is expected to review the case to determine the company’s liability and recommend potential sanctions.
Speaking to the press, retired Nigeria Airways captain, Capt. Muhammed Badamasi, confirmed the matter has moved into the legal domain. “If it’s established that safety procedures were ignored, it could lead to criminal charges,” he said. Badamasi added that the case, being under U.S. jurisdiction, would involve regulatory bodies such as the Federal Aviation Administration and NTSB, with potential input from Nigeria’s Civil Aviation Authority and Safety Investigation Bureau.
Capt. Ado Sanusi, Managing Director of Aero Contractors and a former pilot, echoed these sentiments. “If negligence is confirmed in the final report, it will be up to the legal authorities to take appropriate action. Aviation regulators conclude their role once the cause is determined,” he said.
The NTSB report noted that the faulty radar altimeter, which should have grounded the aircraft, did not prevent the fatal passenger flight from proceeding later that day.
Veteran aviation analyst Chris Aligbe emphasized that global aviation standards now treat such incidents with heightened seriousness. “In the past, many walked free after fatal errors. That era is changing. Today, negligence has real consequences under the law,” he stated.
As investigations continue and legal scrutiny deepens, the crash may serve as a critical test case for how charter flight operators are held accountable—both in the U.S. and internationally.
