The United States is set to file criminal charges against the operator of the helicopter that claimed the life of former Group CEO of Access Holdings, Herbert Wigwe, his wife, son, and three others in a devastating crash in February 2024.
According to an online newspaper, NewspointNigeria, sources confirmed that Orbic Air, LLC, the company operating the ill-fated Airbus EC130B4 helicopter, and the pilot were likely to face prosecution for criminal negligence following the crash that occurred on February 9, 2024, near Halloran Springs, California.
The helicopter, operated under Title 14 Code of Federal Regulations Part 135, was carrying Herbert Wigwe, his wife Doreen, their son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots when it went down, killing all six onboard.
The final report released by the United States National Transportation Safety Board (NTSB) identified pilot disorientation and violations of flight protocols notably, flying under visual flight rules in poor weather conditions as primary causes of the crash. The report also flagged a malfunctioning radar altimeter, which had been noted earlier that day during a repositioning flight, as a contributing factor.
According to aviation insiders, the US government was preparing to convene a judicial panel of inquiry to determine the extent of liability and possible penalties for Orbic Air.
Captain Muhammed Badamasi, a retired pilot with the defunct Nigeria Airways, confirmed that the matter has become a legal issue. “It’s already a legal matter. The panel of inquiry will determine whether the crash and the resultant deaths were due to a breach of the company’s safety protocols. If so, it becomes a judicial issue, and charges may follow,” he said.
He further explained that the process would be carried out under US jurisdiction, though international aviation bodies are expected to follow the developments closely. “Agencies such as the Federal Aviation Administration, NTSB, and representatives from the Nigeria Civil Aviation Authority and Nigeria Safety Investigation Bureau may be involved as interested parties,” he added.
Commenting on the implications for aviation regulation, Badamasi said the case could become “a watershed moment for regulatory enforcement in private charter operations, both in the US and internationally.”
Captain Ado Sanusi, a retired pilot and Managing Director of Aero Contractors, also weighed in, stating that any legal prosecution would come after the final accident report is submitted. “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. The role of the aviation industry ends with identifying the cause,” he said.
Sanusi added that American laws would govern the legal proceedings but noted that “appropriate agencies of the state are expected to act.”
Another industry expert, aviation analyst Chris Aligbe, described the looming charges as a sign of changing global attitudes toward aviation accountability. “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,” he said.
The NTSB’s findings revealed that the radar altimeter malfunction observed during a maintenance transfer flight was not resolved before the fatal passenger journey, raising serious concerns about safety protocol adherence by Orbic Air.
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