Lawyer Says Ibom Air Passenger Lifetime Ban Violates Law, Quotes Section of Aviation Act

• A Nigerian lawyer has explained why he believes it is wrong for AON to impose a lifetime no-fly ban on an Ibom Air passenger
• He said the AON has no legal backing to make such a decision, citing a section of the Civil Aviation Act
• The Ibom Air passenger, who is currently in Kirikiri, was charged to court after an alleged assault on a cabin crew member

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Pelumi Olajengbesi, founder of the Abuja-based Law Corridor has faulted the Airline Operators of Nigeria’s (AON) decision to impose a lifetime no-fly ban on Comfort Emmanso a passenger accused of assaulting Ibom Air crew members.

He described the move to enforce such a pronouncement as unconstitutional and beyond the group’s powers.

Why Ibom Air passenger ban by AON is wrong

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According to Olajengbesi, under Nigerian law, only the Nigerian Civil Aviation Authority (NCAA) can enforce nationwide flight restrictions as provided in the Civil Aviation Act, 2022.

In a post shared on X, he said AON action is reckless and an affront to the Constitution.

“Nigeria is gradually sliding into impunity, with individuals and associations feeling entitled to make proclamations as if the country were a banana republic.

"The latest example is the Airline Operators of Nigeria (AON) purporting to place a lady involved in a physical fight today on a “No Fly” list.

"I wish to state categorically that no provision of the Civil Aviation Act, 2022, nor any other extant law in Nigeria, empowers the AON, a mere voluntary trade association, to impose a No Fly ban on any individual. Such an action is reckless and an affront to the Nigerian Constitution, particularly the fundamental rights of the affected individual.

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"The only body legally empowered to issue and enforce nationwide flight restrictions is the Nigerian Civil Aviation Authority (NCAA), pursuant to Sections 31 and 32 of the Civil Aviation Act, 2022.

'AON is not a statutory regulator and has no legal mandate to unilaterally abridge the constitutionally guaranteed right to freedom of movement under Section 41 of the 1999 Constitution (as amended)."

He also criticised the reported swift arraignment and remand of the accused passenger, Comfort Emmanson, alleging a violation of her constitutional right to a fair hearing.

AON bans Ibom Air passenger

The AON announced on Monday, August 11, that Emmanson had been barred for life from flying with any of its member airlines following an incident on Sunday, August 10, Vanguard reports.

Ibom Air alleged she refused to switch off her phone before take-off from Uyo, and upon landing in Lagos, assaulted its Purser and other crew members, attempted to seize a fire extinguisher, and attacked airport security staff before being restrained.

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AON announces another punishment for Ibom Air passenger as court sends her to Kirikiri

The management of Murtala Muhammed Airport Terminal Two (MMA2) confirmed the incident and said Emmanson also assaulted its security personnel and Federal Airports Authority of Nigeria (FAAN) officers.

Emmanson remanded in Kirikiri

Earlier, Legit.ng reported that the police have charged Comfort Emmanson to court.

Tunde Moshood, an aide to the Minister of Aviation and Aerospace Development, confirmed in a statement on Monday that Emmanson was remanded in the Kirikiri correctional facility.

Michael Achimugu, Director of Consumer Affairs at the Nigerian Civil Aviation Authority (NCAA), has advised air passengers to always be prepared to obey instructions at the airport.

Source: Legit.ng