Monday, June 4, 2012

DANA AIR MUST PAY N31, 047, 099 FOR EACH SOUL LOST Tijjani Muhammad Musa

We are all aware of the DANA AIR plane crash that has claimed about 166 lives, as well as 30 more residents of the area upon which the aircraft fell in the suburb of Lagos, Nigeria. Many souls have been lost. Though from all indications this was clearly an accident waiting to happen, as information and reports show clearly that all the signs and warnings have been given ahead by the ill-fated airplane about the various problems bedeviling it. For ignoring the obvious, a nation has now been turned to mourning, 3 days as declared by President Goodluck Ebele Jonathan. So, after the mourning period, then what? This is the question that ought to occupy every concerned patriotic citizens' mind.

Is this going to be another unfortunate development in our aviation industry, which is becoming one too many, where human lives are wantonly destroyed due to negligence, non-chalant attitude and disregard for human life all in pursuit for marginal profits or are we going to take decisive actions in arresting this unwarranted visit of lose of lives and properties to our daily lives by these capitalist oriented air transportation organizations in Nigeria? Well, we hope not, for without wasting time tracing back, albeit painstakingly, the rot and decay in the country as a whole, but the aviation industry in particular which started way back and eventually culminated in the lost of the entire Nigerian Airways fleet and onward to the current trend of air disasters that has become a regular occurrence in our airways, killing innocent lives, destroying families, futures and properties worth millions, which are never adequately compensated for, a thorough investigations into all the allegations leveled against DANA AIR which led to this sad and unfortunate air crash must be carried out and if proven to be true, DANA AIR as a corporate business organization must be made to pay compensation in full to all the bereaved families of the air crash victims. 

I do not know about other religious creeds, but in Islam, the compensation in monetary terms for a life killed, murdered or lost due to negligence or without due justification, in the on-going year 2012 which is equivalent to 1433AH of the Islamic calendar, for each Muslim soul lost the amount due to be paid to the relatives of the deceased is N31, 047, 099: 00 (Thirty One Million, Forty Seven Thousand and Ninety Nine Naira Only). Though this amount can never be a replacement of the loved person lost, it will however secure the future of the children or widow likely to be left behind in the first instance, which is one of the wisdom behind such an instituted compensation by Islam.

Now, if DANA AIR can be made by law to pay this amount, multiplied by the number of victims of this air crash on the Muslims side and a similar compensation be extracted for the victims on the other religious followings (Christians, etc), I am sure it would serve as a serious deterrent for future occurrence of such disasters that might be due to abuse of their operational licenses, not just for DANA AIR alone, but for other Aviation industry carriers in the country. This is of course outside other measures and punishments that the company may be made to face by the Aviation industry watch dogs of the Federation, part of which could be outright revocation of its operational permit.

But, one of the major problems that has led to the chaos Nigeria has found itself in, is the fact that everyone is allowed to "...gets away with murder" as the saying goes. Nobody is made to pay for the crimes committed against the individual or the state. And again, many will Nigerians will sentimentally rise up in defense of a guilty person or situation, once he or she realizes that the person/s involved are either from their ethnic group, language, region, social caste, class or religion. So long as we would not stand for justice and let whoever does wrong to be punished in accordance with our judicial system, Nigeria as a country will forever continue to remain in the wilderness of underdevelopment and advancement.

As for the families, relatives, friends and colleagues of the DANA AIR crash victims, we must remember that "Kullu nafsin za'iqatul maut"... meaning "Every soul shall have a taste of death" Q3:185, so take heart and DO NOT BE SAD, Because It Is Not Worth It. Each of the departed soul has reach his or her appointed time of stay on earth. The Day, the Hour, the Minute and the Second have all been decreed. The what, where, when, why, with who and how have also been written down prior to our coming on earth. All we do is keep the appointment willingly or unwillingly, but mostly unknowingly. It's a form of test upon us by our Lord and Maker, to see whether we will keep faith or abandon our declaration to keep on worshipping the One and Only True God.

Mourn them, feel the pain and anguish, say the "If only...." and of course shed tears for their souls, for the heart is touched, it cares and needs to grieve, especially if lose of someone dear or something cherished is incurred. But do not dwell for aye on it. Rather, pray and supplicate for the repose of their individual souls, for they are now badly in need of it.

For the Muslims, 3 days is what is permitted for you to mourn your dead, Umm Habeebah bint Abi Sufyaan reported that when the news of her father’s death reached her, she called for some perfume and wiped it on her forearms, and said: “I do not need it, but I heard the Prophet (peace and blessings of Allaah be upon him) say: ‘It is not permitted for a woman who believes in Allaah and the Last Day to mourn for any dead person for more than three days, except for a husband, (in which case the period of mourning is) four months and ten days. (Reported by al-Bukhaari, 4926), after which life must continue as you know. Reason being that too much sadness is not good for ones health and well-being. Besides, the sadness will not bring back the dead. So, do take heart and be strong.

May the sins, mistakes and short-comings of our brothers, sisters, fathers, mothers, aunties, uncles and every other of our beloved rest in perfect piece, amin.

DO NOT BE SAD, Because It Is Not Worth It...

*** Damages

Under the Montreal Convention, air carriers are strictly liable for proven damages up to 113,100 special drawing rights (SDR) (Updated from 100,000 on December 31 2009), a mix of currency values established by the International Mon
etary Fund (IMF), approximately $138,000 per passenger at the time of its ratification by the United States in 2003 (as of December 2011, around $175,800). Where damages of more than 113,100 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party. This defense is not available where damages of less than 113,100 SDR are sought. The Convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry liability insurance.

The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1131 SDR (the amount in the Warsaw Convention is based on weight of the baggage).

Montreal Convention was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.

Nigeria is a signatory to this convention.

Here is an updated alphabetical order list of the passengers on the ill-fated Dana Air flight that crashed in Lagos yesterday. 

1. Abdu Aisha
2. Abdulrazak Lawan
3. Abikalio Tatoru
4. Adekola Ayoola
5. Adekunbi Adebiyi
6. Adeleke Oluwadamilare
7. Adijolola Abraham
8. Ahmed Mbana
9. Aikhomu Ehime, son of former chief of General Staff
10. Ailende Ehi
11. Ajani Adenike
12. Akinola Olumodeji
13.Akinsanya Moyo
14. Akinsanya Omonigho
15. Akwaeze Elizabeth
16. Alade Matins
17. Amiaka Raphael
18. Amina Idris Bugaje
19. Anibaba Tosin
20. Anthony Nwaokoagbara
21. Anthony Okara
22. Aouade Roger
23. Apochi Godwin
24. Ariyibi Temitope
25. Asuquo Niobong
26. Attuh Antonia
27. Awodogan Olusanmi
28. Bamaiyi Adamu
29. Benson Oluwayomi
30. Berkisu Myindadi
31. Bukhari Majkudi
32. Chukwuemeka Okere
33. Coker Olumide
34. Diawani

35. DavidKolawole Eyinojuoluwa
36. DavidKolawole Fortune
37. Dike Chinwe
38. Dike Chukwuezugo
39. Doherty Adedunni
40. Dukawa Mahmud
41. Ebuka Enumah
42. Echeidunbe
43. Ehioghae Sonny
44. Eribake Wale
45. Eyo Bassey
46. Fatokun Anjola
47. Fatokun Ibukun
48. Fatokun Olaoluwa
49. Faysal Inusa
50. Garba Abdu
51. George Moses
52. Hunna Walter
53. Hurriya Lawal
54. Ibrahim D
55. Ibrahim Jangana
56. Ibrahim Matankari
57. Ifeanyi Orakwe
58. Ifekawa Jones
59. Ijeoma Onyijuke
60. Ike Abugu
61. Ike Ochonogor
62. Ike Okoye
63. Ikpoki Abiola
64. Inusa Ahmed
65. Jennifer Ibe
66. John Ahmadu
67. Joy Allison
68. Kaika Farida
69. Kaltum Abubakar
70. Kamsiyonna Anyene
71. Kang Yi
72. Kayimarachi Anyene
73. Kayineochi Anyene
74. Komolafe Olugbenga
75. Lawal U. Anakobe
76. Levi Ajounuma
77. Li Huizhu
78. Li Rui
79. Li Janlas
80. Lt Col Chumbo Ochigbo
81. Mahmud Aliyu
82. Mamuna Anyene
83. Maj Gen Tahiru Umar
84. Maj IG Muhammad
85. Maria Okwulehie
86. Mbong Eventus
87. Mecha Eke
88. Mohammed Falmata
89. Mojekwu Adeobi
90. Mutihir Isttifaanus
91. N Chidiac
92. Nabil Garba
93. Nagidi Ibrahim
94. Ngozi Cole
95. Nnadi John
96. Noah Anyene
97. Norris Kim
98. Ntuko Charles
99. O Awani
100. Obi Chinwe
101. Obinna Akubueze
102. Obot Emmanuel
103. Ogechi Njoku
104. Ojugbana Amaka
105. Ojugbana Christopher
106. Ojukwu Alvana
107. Okafor Chinero
108. Okeke Hope
109. Okikiolu Olukayode
110. Okocha Christopher
111. Okonji Patrick
112. Okor Eseoghene
113. Oloko Tunji
114. Oluchi Onyeyiri
115. Olukoya Banji
116. Olusola Arokoyu
117. Oluwasegunfunmi Abiodun
118. Onemclease Amanehi
119. Onita Jennifer
120. Onita Josephine
121. Onwuliri Celestine
122. Onyeagocha Chimdinma
123. Onyegocha Ogechi
124. Onyeka Anyene
125. Osunbade Aderoju
126. Otegbeye Hadiza
127. Oyosoro Rajulie
128. Oyosoro Ugabio
129. Patience Sunday Udoh
130. Peter Nosike
131. Philip Chukwu-Buka
132. Rev. Ayodeji Cole
133. Ruoel Dhose
134. Saka Otaru
135. Sarah Mshelia
136. Shaibu Memuna
137. Shaibu Sam
138. Shehu Saad Usman, Director Of Mainstreet Bank
139. Shobowale Femi
140. Somolu Oluwakemi
141. Sparagano Lawrence
142. Stamford Ogrutse
143. Sunday Enumah
144. Taiwo Lamidi
145. Tony Madichie
146. Wang Yu
147. Wasa Awyetu
148. Wasa Ruth
149. Xie Zhenfeng
150. Yusuf Ali
151. Yusuf Ibrahim
152. Zhai shutao

May the departed souls of our beloved ones rest in peace, amin Ya Rabbi.
Once again, please "DO NOT BE SAD" (Q9:40), Because It Is Not Worth It. Worth It.

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