When should Dana Air fly again?

Following the incident involving Dana Air Flight 0992 on the 3rd of June in which all passengers and crew tragically lost their lives along with a number of people on the ground, the airline operator promptly cancelled all flight operations scheduled for the next day. The Nigerian Civil Aviation Authority (NCAA) then followed up with a formal order indefinitely suspending the operations of the airline and denying the operator access to their aircraft. The reaction was an understandable one. The outpouring of grief and emotion across Nigeria following the tragic accident was immense and raw.

Today, we are approaching two months since the tragic accident and Dana Air remains grounded. As far as the author has been able to ascertain neither the Accident Investigation Bureau (AIB), NCAA or the Ministry of Aviation has issued any clear guidelines to the airline on potential resumption of flights. In fact, it seems that there are no clear policies regarding airline operations post an aviation incident at all. Each case appears to be treated very differently. In the case of Bellview for instance, the airline carried on normal commercial operations almost immediately, while Sosoliso and ADC never flew again following their accidents in 2005 and 2006.

Sam Adurogboye, a spokesperson for the NCAA, was reported by the BBC following the accident as saying, “Their operational license has been suspended until we carry out their recertification…this is standard practice after such an event.” This is not entirely true. In fact, and internationally speaking, this is an aberration. What does the NCAA mean by recertification? We would assume that they mean the fleet should be checked and certified as airworthy before operations can begin again?

In 2008, BA Flight 38 operated by ‘the world’s favourite airline’, British Airways crash-landed just short of the runway at Heathrow Airport. Soon after the crash the British Civil Aviation Authority (CAA) announced that they were aware of the incident and that the “incident will be investigated by the Air Accidents Investigation Branch of the Department of Transport. British Airway’s license was not suspended. In fact, they carried on with scheduled flights shortly after.

Just over a year later, in June 2009, Air France flight 447 operated by an Airbus A330 crashed into the Atlantic Ocean killing all 216 passengers and 12 aircrew. The accident is on record as the deadliest aviation incident in the history of Air France and still ranks as having one of the highest numbers of fatalities to-date. Following the incident, the French authorities launched two separate investigations – a criminal investigation and a technical investigation. The final technical investigation report was submitted three years later on the 5th of July, 2012. At no point during the investigations were Air France operations suspended or asked to undergo ‘recertification’.

Bellview Airline’s Flight 210 mentioned earlier, which crashed en route to Abuja killing all 117 passengers on board in October 2005 is still fresh in the minds of many Nigerians.  The airline operator carried on flight operations up until it was forced to close shop in 2009 due to dwindling customer confidence and incessant delays caused by an acute lack of aircraft. Their license was not indefinitely suspend in the same way that Dana Air’s was so, once again, one has to wonder what makes Dana’s case so different.

The move by the NCAA is legally ambiguous in that the AIB, whose job is not to apportion blame but to ascertain exactly what went wrong so as to ensure that such an incident never happens again, are still investigating the incident and a final report could take 12 months. If an inspection of the Dana fleet has not taken place, or any fault found if such an inspection has, then what is the basis for the on-going suspension?

Very few individuals and indeed professional bodies have come out to speak out against this type of arbitrary behaviour. One of the few people to have the confidence to speak up about the matter was the Secretary General of the Airline Operators of Nigeria (AON), retired Captain Mohammed Joji. Joji spoke out objectively alluding to undue pressure by the Senate on both the NCAA and the Ministry of Aviation. He faulted the calls for Mr. Demuren to be suspended and the Federal Government’s suspension of the airline. He rightfully stated that there is no way that Mr. Demuren or the NCAA can hinder the independent investigations of the AIB. He went on to say that it was necessary for investigations to be carried out before acting against the airline.

Captain Joji is right, and if one may add, the action of the Federal Government sets a dangerous precedent. What this says is that, regardless of international best practice, some airlines will be judged and punished without the need for investigations by the professionals empowered to do so by the laws of the land. It also means that a business’s investment is not safe because there are no clearly articulated guidelines for such a scenario with which a business can model its risks clearly before investing.

Granted the incident remains a great shock and embarrassment to the country and many lives were tragically lost but one hopes that the relevant institutions will act quickly and articulate a clear policy regarding an airline’s operations post an incident, fatal or otherwise. A good starting point for redressing the situation will be for the NCAA to clearly state if it has indeed carried out any inspections on the grounded fleet, what its findings are and how if at all this will affect the so called ‘recertification’ process. We cannot hold our Aviation sector up as a success story until we consistently abide by the best practice that defines world class service, and world class regulation.

Seasons of Absurdities

By Olumide Ohunayo

                                   Ms Stella Oduah, Aviation Minister

Since the DANA crash of June 3rd, 2012, the country and populace have been drawn into an unbelievable hysteria and anti-aviation campaign. The campaign has continued to run in all facets of the country despite assurance and support of the international community and organisations that have been steadfast and strongly believe in our system and processes. The government bowed to the hysterical pressure by quickly setting up a committee that was not necessary and whose report cannot be taken seriously beyond the realms of its initiator.

Thereafter the publicity seeking House Committee came up with their version of investigation by quickly suspending DANA’s licence and directing the Director General of the Nigerian Civil Aviation Authority, NCAA to proceed on suspension. They went further to describe our aircraft as being too old and intend to initiate laws that will lower minimum age to fifteen years. The MD aircraft series were virtually labeled sick and old aircraft designed to kill Nigerians in spite of their safety records and statistics.

It should be known that the MD series used by DANA was the same aircraft that gave that airline the best on time airline in Nigeria over the years without disappointing their esteemed clients, who also voted the airline as the best customer friendly airline. Also, a version of that aircraft is parked on the tarmac of Abuja airport by UN to lift Nigerians and other troops for peace keeping missions up till this moment.  Air Burkina and Air Mali use the same aircraft to ferry Air France passengers going to points beyond Ouagadougou and Bamako. Yet Nigerian carriers with younger aircraft and certification have not been considered fit for code share agreements.

Accident Investigation Bureau (AIB), the body saddled with the responsibility of investigating, reporting, updating and publishing incident or accident reports, but chose to make them look more like classified espionage reports, had to be pushed by industry activists to release the preliminary report of DANA accident and unbelievably in an anti-AIB speed released the report of the recent Arik Air incident at Jos Airport. Though it is a norm because it is from AIB, it is obviously a departure from the usual.

The aftermath of DANA accident also led to the regulatory and voluntary grounding of some carriers, while it is better not to go into details, it is really sad to see that the other airlines flying have cashed in on it by increasing fares phenomenally and annoyingly loading it, under fuel surcharge column, which makes it easy to fleece passengers and government agencies. Fuel surcharge is usually loaded on international fares based on sector length, while on the domestic fare the charge is minimal. Our carriers have reversed this rule in this season of absurdities.

Bomb detectors are meant to enhance safety and reduce to the barest minimum any incident that may arise using IEDs or related devices. FAAN has two detectors stationed at the entrance to their staff quarters, one stationed at the gate leading to the Corporate Head Office, while entry to GAT and other airports that generate the revenue used in purchasing the detectors are left bare.

Air Nigeria is going through a trying period and we must not forget that at conception, it was our national carrier. It was funded and managed by the privileged private placement heroes and a foreign technical partner. Today, the foreign partner has fled, while the private partners have ceded ownership and management. The airline is in crisis with aircraft being repossessed and airline staff who are Nigerians are being thrown out in droves.

Air Nigeria should not die, we must endeavour to get the airline back in the skies irrespective of the fury and annoyance towards the new owner. The absurdity here is for the first time the industry is willing and working assiduously to throw away the baby and bath water. It is simply unacceptable.

The NCAA recently reiterated the need to positively identify a passenger before boarding an aircraft, which is also a fall-out of the DANA manifest. Memos have not worked, and will not work if the appropriate sanctions and monitoring instituted are not elevated. I boarded a flight from Yola last week; my identification was not needed nor requested till I got on board. The comfort of flying was also tainted by our standing at the Abuja airport terminal for 1hr.45mins because Arik station manager was not empowered to purchase FAAN PSC tickets on our way to Yola while on our return a miserable N30 cake and ¼ glass of water  was offered  in this phenomenal fare regime.

Nigerians will travel and continue to travel. What is important is the share that comes to our carriers. How do we get our carriers positioned to partake in the feast? Is it fair for foreign carriers to keep increasing gauge, while we are left to collect tolls called BASA? Is it so bad, that Nigerians now fly to Dubai on Rwanda Airlines? I repeat, RWANDA AIRINES?

Olumide Ohunayo was former Chairman of National Association of Nigerian Cabin Crew

When All Engines Fail

If you recall your first time on an airplane you may have wondered how such a heavy steel construction can sustain flight with just one propeller or a few jet engines. Such is the marvel that is flight, but what happens when the unthinkable happens? What happens when all engines fail?

First of all it’s important to note that it is exceptionally rare for multiple engines to fail mid-flight. Even if this rarity does occur, all pilots are trained to restart, relight in aviation parlance, a plane’s engines mid-flight. Even if a relight is unsuccessful, airplanes do not just drop out of the sky. Much like gliders which operate without engines, all airplanes are capable of gliding for considerable distances, depending on multiple factors including altitude and speed, thus allowing the pilot to perform a relative safe landing. In this kind of situation it is perfectly normal for a pilot to request to land on the longest available runway. If the plane is unable to glide to the safety of an airport runway, pilots are able to land on major highways, grassy planes or even water with few or no fatalities. The men and women who pilot commercial aircrafts receive rigorous training on all possible emergency scenarios and as such are able to deal with most anticipated emergency scenarios.

That said, there have been some notable aviation emergencies and disasters attributed to the rare but obviously possible scenario of multiple engine failure. Only recently the Honourable Minister of Aviation, Princess Stella Oduah, alluded to the possibility that the MD-83 that operated Dana Air Flight 992 may have been a victim of dual engine failure.

Whilst it’s too early to speculate on the exact cause of the plane crash, I would like to consider what factors could possibly lead to multiple, or in the case of Dana Air Flight 9j-992, dual engine failure.

Empirical evidence suggests that multiple engine failure caused by mechanical faults is essentially unknown in the aviation industry. Moreover, empirical evidence also suggests that when multiple engine failure does occur it is usually as a result of external factors including but not necessarily limited to volcanic ash, ice or water ingestion, heavy rain-bearing clouds at low altitudes, massive bird strikes, fuel exhaustion or contaminated fuel.

In 1977, a McDonnell Douglas DC-9 operated by Southern Airways, an American airline, was forced to perform a forced landing after experiencing Dual engine failure due to water and hail ingestion whilst flying through a severe thunderstorm. The crew unsuccessfully attempted to relight the engines. With no airports or air strips within reach and altitude declining quickly, the pilot made a forced landing on a straight section of rural highway. 72 fatalities were recorded including 9 on ground.

In 1982, a Boeing 747-236B operated by British Airways headed to Aukland, Australia flew into a cloud of volcanic ash thrown up by the eruption of Mount Hualunggung near Jakarta.  All four engines failed. The aircraft was able to glide far enough to exit the volcanic ash cloud thus allowing the pilots to safely relight all engines. The pilots landed in Jakarta. No fatalities were recorded.

In 1983, United Airlines flight 310 operated by a Boeing 767-222 experienced dual engine failure over the Arapahoe National Forest west of Denver, Colorado. The National Transportation Safety Board (NTSB) of America concluded that dual engine failure occurred as a result of fuel system and nozzle contamination. The crew were able to relight the engines at approximately 15,000 feet and subsequently landed safely in Denver. Zero fatalities were recorded.

In 1991 an MD-80 operated by Scandinavian Airlines performed a crash landing just four minutes into the flight. There were no fatalities. The plane’s engines ingested ice causing surging. Investigations revealed that when the flight captain tried to clear the surge by throttling back the planes on-board systems increased thrust until the engines destroyed themselves.

Many of you will also recall the sensational emergency landing of US Airways Flight 1549 on the Hudson River in New jersey in 2009. Preliminary investigations by the NTSB suggested that the aircraft, an Airbus A320-214, may have experienced complete engine failure as a result of a massive bird strike. There were no fatalities. The NTSB subsequently concluded in its final report that probably cause of the incident to be “the ingestion of large birds into each engine, which resulted in an almost total loss of thrust in both engines.” The flight captain, Captain Sullenberger, a former fighter pilot and his entire crew were awarded a ‘Masters Medal’ by the Guild of Air Pilots and Air Navigators - an accolade awarded only rarely, for outstanding aviation achievements.

The few cases reviewed seem to support the initial theory that multiple or complete engine failure is most probably caused by external, non-mechanical related issues. Though its too soon to authoritatively state the exact cause of the Dana Air Flight 992 incident, the case studies available in the public domain seem to suggest that if what was alluded to by the Honourable Minister is indeed the case, then the investigators should most certainly be open to the possibility of non-mechanical related causes of engine failure.

This would also mean that other areas of speculation such as inadequate maintenance or human error may not necessarily be the primary cause of the plane crash that claimed the lives so many. It also suggests that the relevant authorities may also need to review other factors that may have also contributed to the overall number of fatalities including things such as flight path, airport location and emergency services response speed.

Only one thing is certain though - the families have lost loved ones and will grieve for a long time and as such require full and final closure in the form of speedy and thorough investigations by the bodies mandated to investigate the incident by law. These bodies include the Accident Investigation Bureau, the Nigerian Civil Aviation Authority and the Ministry of Aviation. One can only hope that investigations are swift and that the final report goes towards ensuring that we never experience another deeply saddening and troubling incident like this.

Edet Akpan, an engineer, writes from Uyo.

Dana crash: AIB, NCAA should not rule out contaminated fuel

Barely a week after the ill-fated Dana Air Flight 992 crashed into a residential community in the Iju-Ishaga area of Lagos, rumours started to circulate about contaminated aviation fuel being considered as a possible scenario. Within days there were all sorts of conflicting reports about the issue. One leading newspaper carried the headline, “Operators disagree over contaminated fuel theory”, whilst another stated, “Dana fuel may have been contaminated”.

Whilst both articles appear to be speculative, one does tend to wonder if, given the state of our petroleum sector which is ripe with corruption and poor oversight by regulators, this scenario has any credence. Over the years, the average Nigerian has become all too aware of the possibility of purchasing ‘bad fuel’. Granted there are no proven, or perhaps known cases of fuel contamination within the Nigerian aviation sector, but there have been incidents that have affected retail customers, notably motorists.

In 2008, an unprecedented ruling by the Department of Petroleum Resources (DPR), the government agency charged with regulating the Nigerian petroleum industry, sought to levy financial sanctions on a leading petroleum company based in Lagos, Nigeria. The DPR insisted that the marketer was liable for damages suffered by several motorists who had fueled their cars with the contaminated premium motor spirit (PMS), popularly known as petrol. The Nigerian marketer however refuted any liability and stated that it was going to begin legal proceedings against the Dutch firm who had fulfilled the supply order. The Dutch firm in turn refused to accept any responsibility stating that the fuel supplied was not contaminated and that the same specification had been supplied to other countries with no issues. The Dutch firm went on to state that any attempt to commence legal proceedings against it would be met with an appropriate response. To add a further twist to this bizarre story, the Nigerian marketer who imported the product stated that DPR had, as laid down by the laws of our nation, tested the fuel and approved it for discharge since its specifications upon delivery matched the specifications articulated in the certificate of quality issued at the loading port. 

Further investigations into the matter revealed that the fuel was indeed not contaminated in the strict sense of the word. Upon retesting, it was determined that the imported fuel had a higher content of ethanol then usually prevails in Nigeria. Though the fuel may have been an acceptable import for countries such as Brazil, Sweden and Columbia, it was obviously not acceptable for engines that were not calibrated to run on fuel with such high levels of ethanol. This case raises serious concerns about the reliable testing of fuels imported into and marketed in Nigeria.

And thus, one must wonder - if this could have happened with PMS, then is it not possible that this could have happened, or indeed be happening with aviation fuel?

We know that this case of ‘bad fuel’ had adverse effects on motor vehicles, but is it possible that ‘bad jet fuel’ could have the same effect on an airplane? Information available in the public domain seems to suggest that though fuel contamination is a rare cause of aviation incidents it is nonetheless a possibility that expert aviation accident agencies do not rule out. In fact, it is standard procedure for investigators from organisations such as Nigeria’s Accident Investigation Bureau (AIB) and America’s National Transportation Safety Board (NTSB) to inspect fuel samples when an aviation incident occurs. This is part of the general data collected when investigating almost any aviation incident, especially when engine failure is deemed to have occurred.

Let’s start by reviewing the basic definition of ‘fuel contamination’. Simply put, fuel contamination covers any substance that is found in a sample of fuel that should not be there. Aviation Online Magazine, a leading industry periodical states that there three primary types of contaminates commonly associated with fuel contamination - water, solids and microbial growths. Now let’s juxtapose this definition with the case mentioned earlier, i.e. a situation where the fuel is technically not contaminated but rather is of the wrong grade in that it has a higher percentage of a compound which is suitable for other purposes. This allows us to quickly draw a clear distinction between contaminated fuel and   a non-compliant grade of fuel.

A brief search on the internet reveals that both situations i.e. contaminated fuel or non-compliant grade of fuel is capable of damaging any type of engine or engine management system - motor vehicle, generator or jet-engine. In 2011, Air traffic control at Ben Gurion International Airport, Israel’s largest airport, halted all flights due to contamination discovered in the airport’s jet fuel supply. Possible air disasters were thus averted as a result of Israeli airport’s strict monitoring processes and technical expertise.

A deeper search also reveals that there have indeed been cases of aircraft engines suffering mild to catastrophic damage as a result of contaminated or non-compliant fuel loads. Months before the incident at Ben Gurion, a Tiger Airways Airbus A320 was grounded for fuel tank contamination. In 2010, flight 780, an Airbus A330 operated by Cathay Pacific suffered a near catastrophic disaster when it was forced to land at twice the normal speed due to engine system failure. Investigations conducted by a team of accident investigators from Japan, France, United Kingdom, Indonesia, and America indicated that the aircraft had suffered engine failure due to contaminated fuel loaded at Juanda International Airport, Indonesia.

Considering the facts out there, it is essential that speculation or otherwise, the AIB must not rule out the possibility of fuel contamination or non-compliant fuel as possible scenarios that led to the tragedy of Dana Air flight 992. Moreover, the NCAA and DPR should cooperate to ensure that Jet fuel supplied to Nigeria meets the standards required for the various models of aircraft operating in the country and that the loading, storage and discharge systems used in delivering fuel to end-users are well maintained so as to reduce the possibility of fuel contamination. Stiff penalties should be levied on marketers, local or foreign and agents of the regulatory body who do not take the necessary precautions as negligence in this regard is tantamount to sabotage.

 

Segun Adeniyi

Legal Practitioner
Lagos

Dana Air Crash: Nine claimants get interim benefits

Dana Air’s lead underwriter in Nigeria, today, issued cheques for interim benefits to nine claimants, following legal verification of documentation and next of kin status. 

The company is in contact with all other families who have submitted relevant documents to Dana Air's Crisis Management Centre (CMC) in Lagos and Abuja, and has advised that they come forward to the chambers of Yomi Oshikoya & Co, appointed by the insurers in Lagos, in order to conclude advance payment formalities. As of Tuesday, July 3, 2012, the airline had received completed insurance forms for 68 of the victims, 4 of which are our staff members. They have been submitted for verification.

According to the airline, 'we are aware and perfectly understand and respect that most of the next of kin or legal representatives who submitted documents or are yet to visit the CMC and submit documentations to us, are still observing the customary mourning period. Advance payment claims will be concluded on a case by case basis as and when claimants find it convenient to come forward.'

To facilitate the payment process, Dana Air had deployed 3 dedicated toll-free lines, manned by trained personnel, to a Crisis Management Centre in Lagos and Abuja, and public announcements were made in the national dailies and local radio requesting affected families to come forward with details of the Next-Of-Kin, especially those whom the company had difficulty reaching. The airline will continue to provide these services until all claims have been addressed and settled.

Dana Air stated that 'it is fully aware of the mandatory requirement by the International Civil Aviation Organisation (ICAO) and the Nigerian Civil Aviation Authority (NCAA), for interim benefits to be paid to the families of the victims within 30 days of the accident.'

'Dana Air appreciates that the statutory payments cannot compensate for any of the precious lives lost in the accident but we hope that it will lessen the pains of the families knowing that they are not alone in these extremely difficult times. Dana Air is maintaining contact with all the families, and will continue to offer all necessary assistance to them,' it added.

Meanwhile Dana said that as part of efforts to ensure proper rehabilitation of the displaced Iju-Ishaga residents Dana Air, today, presented cheques to all affected families as payment for new accommodation. Prior to today’s gesture, the airline, in conjunction with the Lagos State Emergency Management Agency (LASEMA), had made advanced efforts in securing accommodation for the families. The decision to monetize the gesture is based on the request by the affected families at a meeting between them and Dana Air officials last Thursday, 28th June, 2012.

Dana Air shares in the pains of the affected families and continues to offer every form of assistance required by the hospital management and overseas laboratory to ensure that the process is completed as soon as possible, so that the families can lay their loved ones to rest. As per update from the Chief Medical Director of LASUTH on Monday, July 2, 2012, more DNA samples have been collected and will be sent to the UK for testing shortly.

 Investigations into the cause of the accident are ongoing and Dana Air continues to co-operate fully with and offer all support to the investigating authorities.

Much Ado About Boeing MD80s

By Christopher Omojefe

Following the tragic accident that befell Dana Air flight 9J-992 on June 3 a debate has been raging about the possible causes of the crash as people across the country seek to understand how such an event can occur and search for someone to hold responsible. Unfortunately, as part of this debate many spurious theories have been put forward as possible explanations, before the results of an investigation have been put forward. I want to focus on two of these and explain some of the facts around them in this article.

The first is the type of aircraft involved in the crash, an MD80 series aircraft, manufactured by McDonnell Douglas. Specifically, flight 9K-992 was an MD83 manufactured in 1990 and acquired by Alaska Airlines in the United States of America. At the time of the accident the aircraft was 22 years old, which brings me to the second point of the debate, whether or not the age of the aircraft could have played a role in the crash.

Let’s start with some basic information on the MD80 series of aircraft. There are 594 of this aircraft type in operation around the world of which 209 are the MD83 variant. 396 of these MD80 type aircraft are operating in North America and a further 74 are operating in Europe. The average age of all the MD80 series aircraft that currently exist globally is just over 23 years. The two largest fleets of MD83 series aircraft belong to American Airlines, who currently operate 198 of them, while Delta Airlines in the US also operate 117 MD80 88 series models and SAS Scandinavian Airlines and Alitalia also rely on them. The MD 80 is known as the workhorse of the fleet for these airlines and they have been successfully in service for many years, in fact, American Airlines affectionately refer to it as the Super80.

An analysis of the safety record of the MD80 type over the last 5 years also sheds light on whether or not the model can be used as a potential cause. Since 2005 there have been 4 fatal accidents globally involving MD80 series aircraft, in the same time period there have been 4 fatal accidents and a further 3 major incidents involving the Boeing 737 700 or 800 series aircraft, which were introduced by Boeing to succeed the MD80 series in 1998. The average age of the global fleet of Boeing 737 700/800 aircraft is considerably lower than that of the MD80. Believe it or not, an average fleet age under 22 years is relatively young in aircraft terms.

Given the number of aircraft in service, the comparative safety statistics and the prestigious airlines which operate them still, I do not believe that we can single out the type of aircraft as being a major factor in the tragic accident of June 3. Nor I think can we simply blame the age of the aircraft, which I have already said was relatively young in relative terms, to do so would be to do dismiss and ignore other potentially much more serious reasons for why this aircraft suffered its fate. An aircraft’s safety is judged by its airworthiness, and not by its age, and airworthiness is a function of maintenance history. In fact, the Boeing 737-800 series aircraft involved in an accident in South America recently had only been in service for 3 weeks. We must not allow ourselves to think that simply by requiring airlines to operate younger fleets of aircraft we will solve the problems that afflict the industry. We will not. In fact, we simply create the conditions within which the wider problems in the industry are not addressed. It is sad that despite all of the progress made in enhanced regulation and standards since 2005, it is still possible for a tragedy such as this to occur.

I urge everybody now to focus on ensuring that the investigative process being conducted by the Accident Investigations Bureau is allowed to be concluded, but encourage you to demand full disclosure and transparency on the causes of the crash. There are much wider potential issues emerging. The suggestion that the crash could have been caused by dual engine failure bought on by contaminated fuel is perhaps the most worrying. If this aircraft was supplied with contaminated fuel then how can we be sure that others are not? What safety standards and regulations exist for the suppliers of this fuel?

Christopher Omojefe writes from Lagos