British Airways faces a major court ruling in Nigeria over missing luggage and passenger rights
In a decisive judgment that could redefine how international airlines handle passengers’ rights in Nigeria, the Federal High Court in Lagos has ordered British Airways to pay ₦53 million in compensation to a Nigerian passenger, Mr. Stephen Osho, over the loss of his checked-in luggage.
Justice Ibrahim Kala delivered the ruling on August 21, 2025, awarding ₦50 million in general damages for hardship, inconvenience, and emotional distress, along with ₦3 million in legal costs, one of the most substantial payouts for baggage mishandling in recent Nigerian aviation history.
British Airways held liable by Lagos court for missing passenger luggage
The legal dispute stemmed from a December 2, 2022, British Airways Flight BA307 from Paris to London, during which Osho’s baggage, properly tagged with BA tag No. BA741520 never arrived and was ultimately declared lost.
Despite the international scope of the route, Justice Kala ruled that British Airways was fully liable for the loss under the provisions of the Montreal Convention. He dismissed the airline’s claim that an old Air France tag left on the luggage caused the mix-up, calling the argument “an afterthought” that “collapsed like a pack of cards.”
“The defendant failed to offer any reasonable justification that the plaintiff negligently contributed to the loss of his luggage,” the judge stated. “The weak defence was erected solely to evade liability under Article 17(2) of the Montreal Convention.”
Legal and Consumer Rights Implications
Osho’s legal team relied on international aviation law, specifically the Montreal Convention of 1999, which governs airline liability in cases of lost, damaged, or delayed baggage. The Convention is domesticated under Nigeria’s Civil Aviation Act, making its provisions enforceable in local courts.
Justice Kala’s judgment emphasized that while the Convention limits punitive damages, it permits compensatory relief where clear hardship and financial loss are proven, as was the case here.
Legal analysts believe the judgment could set a powerful precedent for similar claims in Nigeria, encouraging more passengers to seek redress when airlines breach contractual obligations.
“This verdict sends a strong message to international carriers operating in Nigeria: passengers’ rights are enforceable, and negligence will not go unchecked,” said Lagos-based aviation lawyer Bamidele Oyewole, who was not involved in the case.
British Airways’ Defence Falls Flat
British Airways had attempted to shift the blame, arguing that Osho’s bag might have been misrouted due to an old baggage tag from a previous Air France flight. The airline also suggested that any compensation should be capped at ₦60,000, a claim the court deemed “untenable.”
Throughout the trial, Osho presented irrefutable documentation, including boarding passes, correspondence, and the BA-issued baggage tag, establishing that the bag was in the airline’s custody before it went missing.
Justice Kala ruled that the airline’s failure to deliver the bag constituted a breach of its contract of carriage, and its explanations failed to meet the burden of proof required to escape liability.
A Win for Nigerian Passengers
This ruling is being hailed as a landmark victory for Nigerian air travelers. It underscores the growing willingness of Nigerian courts to hold global corporations accountable and enforce international treaties domesticated under national law.
It also highlights the importance of documentation when pursuing claims against airlines.
Osho filed the suit on August 31, 2023 (Suit No: FHC/L/CS/1754/2023), and the decision comes after a year of legal exchanges.
