By Oyetola Muyiwa Atoyebi, SAN

INTRODUCTION

The Nigerian Aviation Industry was estimated to have contributed to the nation’s Gross Domestic Profit (GDP) by 0.49 per cent in the year 2019[1] alone. Undoubtedly, Aviation identifies as the most preferred means of transportation in Nigeria, owing to the safety and speed it affords consumers. This explains the significant increase in revenue being accrued to the nation through the industry.

However, this milestone is being impeded by the recent trends of air accidents, delays and cancellations in flights, alongside other challenges experienced by consumers.

This article addresses the protection of air travel consumers, in light of relevant regulations.

Who is a Consumer?

The most common idea of a consumer is one who engages in the buying and selling of goods and services, in the context of this disquisition, however, a consumer would be someone who has purchased a ticket for the sole purpose of taking a flight.

Regulatory Bodies and Laws Governing the Nigerian Aviation Industry

The Nigerian Aviation industry is primarily regulated by the Nigerian Civil Aviation Authority (NCAA), which was established pursuant to the provisions of the Civil Aviation Act (CAA) 2006[2], which vests the NCAA with the power to exercise control and maintain the activities of the Aviation industry, perform oversight functions of Airports and Airspaces, as well as provide economic regulations as may be deemed relevant to the operations of the industry[3].

The Consumer Protection Regulations is also a major regulation dealing with the   Rights and Responsibilities of Aviation consumers, as well as the obligations of Airlines’ to consumers, alongside the available restitutions for denied bookings, delays and cancellation of flights[4].

The Federal Airport Authority of Nigeria Act (FAANA)[5] has its principal functions set out in Part II of the Act[6], a few of which are:

  1. To develop, provide and maintain the airport’s necessary services and facilities for the safe operation of flights;
  2. To provide adequate conditions wherein passengers and goods may be carried by air, and under which aircraft may be used for other useful purposes, as well as the authority to prohibit the carriage of goods which may be prescribed as prohibited;
  3. To prohibit the launching of any structure which is considered to be dangerous to the safety of air navigation by virtue of its high position;
  4. To provide accommodation and other facilities for the effective handling of consumers/passengers and baggage/cargo;
  5. To develop and provide resources for surface transport within airports;
  6. To provide sufficient resources and personnel for effective security at all airports;
  7. Generally, to create conditions for the development in the most economic and efficient manner of air transport and the services connected with it;
  8. The Authority has the power to stop the use of an airport, subject to the consent of the Minister of Transportation.[7]

More importantly are the provisions of the Constitution of the Federal Republic of Nigeria (CFRN)[8], which vests the Federal High Court with the exclusive jurisdiction to entertain all matters bordering on Aviation.

The above laws have helped in regulating Airlines in their disposition towards consumers as well as transported goods. Agreeably, there are undeniable/unforeseen situations where flights may be delayed, one of which is as a result of the weather. There are certain rights that a passenger is entitled to when a flight booked has been delayed, most of which are provided for under part 19.6 of the Consumer Protection Regulations[9]:

  1. Passengers are to be provided reasons why a flight is to be delayed within 30 minutes after the scheduled departure time, after the carrier reasonably expects the flight to be delayed[10].
  2. Passengers are entitled to be taken care of two hours after a flight has been delayed. Such care include refreshments[11], Emails and SMS.
  3. Passengers are entitled to reimbursements once the delay is beyond 3 hours[12].
  4. Passengers have a right to free accommodation when the delay has exceeded 10 pm to 4 am or where the airport is closed[13].

The above-mentioned rights are applicable to domestic flights. Consumers’/passengers’ rights for international flights are slightly different, in the sense that passengers are entitled to compensation between two and four hours of the delay[14], meals[15], emails and SMS[16], hotel accommodation and transportation[17]; where the reasonable time for departure has exceeded six hours[18].

However, Aviation passengers/consumers whose flights have been cancelled are entitled to a pre-notice of the cancellation between 3 and 7 days before the appointed time for departure. They are to be offered re-routing in conjunction with the benefits applicable to a consumer, whose flight has been delayed beyond the reasonable timeline[19].

Similarly, the Minister for Aviation Hadi Sirika, stated that: “Airlines, according to the law, are expected to compensate every passenger both local and international if their flights are either delayed or cancelled”[20].

Consumer Protection is, however, not limited to what passengers are entitled to before boarding a flight, as there are certain restrictions provided by law that may be considered as protecting a passenger. Some of these restrictions are:

  • No person is allowed to wilfully or negligently act in a manner likely to put an aircraft or any person or property in danger[21].
  • No person is allowed to enter the airplane drunk or be drunk on the airplane[22].
  • No person is allowed to smoke in any compartment of an airplane registered in Nigeria, at a time when smoking is prohibited in that compartment by a notice to that effect, exhibited by or on behalf of the commander of the airplane[23].

In light of the foregoing, the view is expressed here that the legal framework for consumer protection in Nigeria is relatively extensive, as it affords the right to seek redress in cases of infringement.

CONCLUSION

One of the advantages of the Nigerian Aviation industry is the safety of airlines and the assurance of passenger security. However, if these are jeopardized, passengers’ trust in the airline will be eroded, resulting in a decrease in airline travel patronage. Similarly, when there are cancellations or delays in flights with little or no communication, care, compensations, reimbursements, etc. passengers will begin to lose their faith in such airlines.

The Regulatory Agency and the Court are empowered to create and interpret legislation that confirms and protects the needs of consumers, while also ensuring that the airline industry remains competitive. More awareness can and should be raised to enable both passengers and airlines collaborate to achieve a smooth and safe flight.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN.

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm) where he also doubles as the Team Lead of the Firm’s Emerging Areas of Law Practice.

Mr. Atoyebi has expertise in and a vast knowledge of Corporate Law and Commercial Law and this has seen him advise and represent his vast clientele in a myriad of high level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of a Senior Advocate of Nigeria.

He can be reached at atoyebi@omaplex.com.ng

COUNTRIBUTOR:  Theodora Nnodim

Theodora is a member of the Dispute Resolution team at Omaplex Law Firm. She also holds commendable legal expertise in corporate and commercial transactions.

She can be reached at theodora.nnodim@omaplex.com.ng

[1] Fakoyejo Olalekan, ‘Aviation’s GDP Contribution up by 0.14%, 2020 will be Down’ (Naira metrics) 2020 < https://nairametrics.com/2020/03/16/aviations-gdp-contribution-up-by-0-14-2020-will-be-down/#:~:text=The%20contribution%20of%20the%20Aviation,62%20billion.&text=35%20billion%20to%20the%20country’s,to%20political%20activities%20in%20Nigeria> Accessed March 18 2022.

[2] The Civil Aviation Act [2006].

[3] Nigerian Civil Aviation Authority <https://Ncaa.gov.ng/about/>  Accessed March 18 2022.

[4]  Ibid 3

[5] FAANA 1999.

[6] Section 3 Supra.

[7] Section 5 FAANA.

[8] Section 251 CFRN 1999 [as amended]

[9] Part 19.6 NCAR.

[10] Part 19.6.1.1

[11] Part 19.10.1 NCAR

[12] Part 19.9.1

[13] Part 19.6.1.1(iii) NCAR

[14] Part 19.8.1 NCAR

[15] Part 19.10.1

[16] Part 19.10.2

[17] Part 19.10.1 (ii) & (iv) NCAR

[18] Part19.6.1 (iii)

[19] Part 19.7.1 (b) (c) respectively supra

[20] Reported on July 8, 2021 FG to compel airlines to compensate passengers for delayed or cancelled flights – Nairametrics

[21] Section 37 of Part IV of the Civil Aviation [Air Navigation] Regulations

[22] Section 39 of Part IV of the Civil Aviation [Air Navigation] Regulations

[23] Section 40 of Part IV of the Civil Aviation [Air Navigation] Regulations