Emirates (EK, Dubai International) has filed an appeal with the Nigerian Federal Court of Appeal after it lost an application against a Lagos Federal High Court order to repay USD1.65 million plus damages to a Nigerian businessman for losing his hand luggage 12 years ago.

“Emirates has immediately filed an appeal with the Court of Appeal and we will continue to vigorously defend our position,” an Emirates spokesperson confirmed to ch-aviation.

Federal High Court Judge Muslim Hassan had dismissed the airline’s application, after ruling it as “lacking in merit”, The Guardian in Lagos reported. The Federal High Court on January 11, 2021, had ordered Emirates to pay Nigerian businessman Orji Prince Ikem USD1.63 million and NGN50 million (USD131,000) in damages after losing his bags 12 years ago. Ikem was travelling to China for business in 2007 with USD1.63 million in cash in his hand luggage. Before he left Lagos on a multi-stop trip to Guangzhou via Dubai International and Hong Kong International, Ikem claims he was approached by airline staff, who had insisted that he hand over his luggage, which they said would be safer under their care. Although Ikem was given two luggage tags with reference numbers, the bags were never located. A police investigation eventually revealed they had never left Lagos.

Dissatisfied with the court order, Emirates had filed an application urging Justice Hassan to stay the execution of his order pending the determination of the appeal.

Emirates’ legal counsel, Senior Advocate Awa Kalu, argued the airline could pay the money but feared that if its appeal succeeded, Ikem would not be able to repay the money.

Ikem’s lawyer, Principal Counsel Chris Ekemezie, asked the court to order the airline to deposit the sum in the Federal High Court’s account pending the determination of the appeal.