Operators of the helicopter that crashed and killed Access Holdings Plc’s former Group Chief Executive Officer Herbert Wigwe may soon face criminal charges in the United States, according to aviation experts and industry insiders.

Wigwe died alongside his wife Doreen, their son Chizi and former NGX Group Chairman Abimbola Ogunbanjo on February 9, 2024, when the Airbus EC130B4 helicopter operated by Orbic Air, LLC, crashed near Halloran Springs, California. Two pilots were also killed in the crash.

The aircraft was operating under Title 14 of the Code of Federal Regulations Part 135, which governs charter flights.

A final report by the US National Transportation Safety Board (NTSB) blamed the crash on “pilot disorientation” and violation of flight procedures — particularly the decision to fly under visual flight rules despite poor visibility conditions known as instrument meteorological conditions.

The report also noted that a malfunctioning radar altimeter — flagged during an earlier repositioning flight that same day — may have contributed to the fatal incident.

Now, aviation professionals in Nigeria say the US government is likely to pursue criminal negligence charges against Orbic Air through a judicial panel of inquiry. The panel is expected to examine Orbic Air’s liability and the possible consequences for the company.

“It’s already a legal matter,” said retired pilot Muhammed Badamasi of the defunct Nigeria Airways.

“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.”

Badamasi added that legal proceedings would take place in the US, with key agencies such as the Federal Aviation Administration, the NTSB, and representatives from the Nigeria Civil Aviation Authority and Nigeria Safety Investigation Bureau possibly involved.

He also described the incident as a potential turning point for regulatory enforcement in private charter operations, both in the US and internationally.

Retired pilot and current Managing Director of Aero Contractors, Captain Ado Sanusi, echoed the sentiment. He said any criminal prosecution would begin after the accident investigation report is finalised.

“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,” Sanusi said.

He added, “The appropriate agency of the state is expected to take up the matter, but I know that their laws will be considered as appropriate.”

The NTSB report highlighted that the radar altimeter had malfunctioned during a transfer from a maintenance facility earlier that day. Despite this red flag, the aircraft still took off with passengers on board, ending in tragedy.

Aviation analyst Chris Aligbe said American authorities would prosecute the matter under their own legal system. He stressed that negligence in aviation is no longer treated lightly.

“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.