A Lagos State coroner court in Ikeja on Wednesday refused a request to compel the Accident Investigation Bureau to produce certain documents relating to the Dana Airline’s plane, which crashed in Lagos on June 3, 2012.
The presiding coroner, Mr. Oyetade Komolafe, overturned the request made by the Lagos State Government, through its counsel, Mr. Akinjide Bakare.
The documents, which Bakare had sought the AIB to produce, were the duty roster of the pilots of the ill-fated flight, their type-rating (qualifications), and the technical logbook of the crashed MD-83 plane.
Dana Airline’s Director of Flight Operations, Captain Oscar Wilson, who continued his testimony at the inquest on Wednesday, said the AIB impounded the documents a day after the crash.
Wilson and AIB’s counsel, Mr. Babatunde Irukera, who opposed the state government’s request, said the AIB took possession of the documents to investigate the cause of the crash.
Irukera had argued that compelling AIB to produce the documents in court would amount to compromising ongoing investigation into the cause of the accident.
He added that it would discourage international organisations, including the manufacturers of the crashed plane, to cooperate with Nigeria in future investigations of air accidents.
Iruekera said, “It is not a lack of cooperation with the court. Local and international statutes compel AIB to make all documents relating to the aircraft confidential and not to take them to any court.
“Even the Civil Aviation Authority does not have the airworthiness certificate of that aircraft.
“If the documents are produced, that will compromise the ongoing investigation and we will have an inconclusive investigation.
“As much as we have a responsibility to this court, we cannot also destroy our reputation with other international organisations we are working with in the ongoing investigation.”
Bakare, who insisted that the coroner must subpoena AIB to produce the documents, said he needed further time to cross-examine Wilson.
Counsel from Falana & Chambers, Mr. Yemi Okunade, expressed worry over the long duration it took AIB to complete its investigation.
However, Komolafe, in refusing the request, said the subpoena was not necessary, as that would delay speedy conclusion of the inquest.
Komolafe said, “I do not want us to go into that. I do not us to waste time any longer. Let us put that aside.”
The coroner subsequently closed Wilson’s testimony after all the lawyers cross-examined the witness.
He subsequently adjourned till July 3 and 4 for the Lagos State Chief Medical Examiner, Prof. John Obafunwa, and AIB’s consultant, Prof. Adekunbi Banjo, to appear before the court.
The ill-fated aircraft crashed in Iju-Ishaga, Lagos on June 3, 2012, killing all its 153 persons.
The inquest is to among others, investigate who died, the manner of their death, as well as make recommendations to prevent a recurrence under such unusual circumstances.