A prominent legal practitioner, Pelumi Olajengbesi Esq., has declared that the Airline Operators of Nigeria (AON) lacks any legal power under Nigerian law to impose flight bans on individuals.
This comes after AON reportedly placed a woman involved in a physical altercation on a so-called “No Fly” list.
Olajengbesi explained, “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.”
He further clarified that “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.”
Olajengbesi emphasized that “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).”
The lawyer also condemned the swift arraignment and remand of the woman involved, calling it “an abuse of the judicial process and a blatant violation of her constitutional right to fair hearing as enshrined in Section 36 of the 1999 Constitution (as amended).”
“Such procedural shortcuts erode public confidence in the justice system, weaken the rule of law, and send a dangerous message that Nigeria is gradually encouraging impunity where institutions and actors operate outside the bounds of legal authority without consequence.”
Olajengbesi urged for fairness and due process, stating, “In every dispute, there are always two sides to the coin. Not even a native doctor can definitively determine who is right or wrong without properly hearing from both parties. Justice must remain the bedrock of our society, anything less is an invitation to lawlessness.”