The U.S. government is preparing to file criminal charges against Orbic Air LLC, the operator of the helicopter that crashed on February 9, 2024, killing Nigerian banking executive Herbert Wigwe, his wife, son, and three others. The charges stem from findings of pilot error and company negligence, as detailed in the National Transportation Safety Board’s (NTSB) final report.

The Airbus EC130B4 helicopter departed Palm Springs, California, en route to Boulder City, Nevada, when it crashed near Halloran Springs, California. The NTSB report attributes the crash primarily to the pilot’s decision to continue flying under visual flight rules into instrument meteorological conditions, leading to spatial disorientation and loss of control. Additionally, a malfunctioning radar altimeter, known to the crew prior to departure, was cited as a contributing factor.

Aviation experts indicate that the U.S. Department of Justice is likely to pursue criminal negligence charges against Orbic Air and the pilot. Captain Muhammad Badamasi, a retired Nigeria Airways pilot, stated, “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.”

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The crash has prompted discussions about regulatory enforcement in private charter operations. Captain Ado Sanusi, Managing Director of Aero Contractors, emphasized that legal proceedings would follow the investigation’s findings: “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.”

Industry analyst Chris Aligbe noted that the case could set a precedent for holding aviation companies accountable: “Before now, issues like this happened and the masterminds got away with it, but not anymore. Things are changing.”

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.