By Charles Pemu 
Operators of the helicopter that crashed in California, killing Access Holdings’ former CEO Herbert Wigwe and five others, may face criminal charges in the United States.
The Airbus EC130B4 helicopter, operated by Orbic Air, LLC, went down near Halloran Springs, California, on February 9, 2024. On board were Herbert Wigwe, his wife Doreen, their son Chizi, former NGX Group Chairman Abimbola Ogunbanjo, and two pilots. All six were killed in the crash.
A final report by the U.S. National Transportation Safety Board (NTSB) cited pilot disorientation and violations of flight safety protocols as key causes of the crash. The pilot had chosen to fly under visual flight rules (VFR) despite deteriorating weather conditions that required instrument navigation—a decision now under serious scrutiny.
Compounding the negligence, the report also noted that a faulty radar altimeter, flagged earlier during a repositioning flight the same day, had not been properly addressed before the fatal flight.
Now, aviation experts say the U.S. government is likely to pursue criminal negligence charges against Orbic Air, a development that could have far-reaching consequences for private charter operators.
“It’s already a legal matter,” said Capt. Muhammed Badamasi, a retired Nigeria Airways pilot. “The panel of inquiry will assess whether Orbic Air breached safety protocols. If that’s confirmed, it could lead to formal charges.”
Badamasi emphasized that U.S. agencies, including the Federal Aviation Administration (FAA), NTSB, and possibly representatives from Nigeria’s Civil Aviation Authority—would be involved in the inquiry.
He added that this case could become a defining moment for safety accountability in global charter aviation.
Capt. Ado Sanusi, a retired pilot and Managing Director of Aero Contractors, echoed similar concerns. He noted that once the accident report identifies negligence, legal authorities, not aviation regulators will take over.
“If negligence is established, prosecution becomes a matter for the legal system,” Sanusi stated. “The aviation authority’s role ends at determining the cause of the crash.”
The NTSB’s report revealed that the radar altimeter—a critical instrument for altitude awareness, especially in poor visibility—was already known to be faulty. Despite this, the helicopter was cleared for passenger operations.
Another aviation expert, Chris Aligbe, stressed that such incidents are no longer treated lightly in the global aviation space.
“There was a time when these lapses were swept under the rug. But things have changed. Aviation safety is taken very seriously, especially in the U.S.,” he said.
The looming legal case could set a precedent for how private operators are held accountable for safety lapses, especially when lives are lost.