AON Lacks Authority to Ban ‘Unruly Passenger’ – Olajengbesi

Prominent legal expert Pelumi Olajengbesi has declared that the Airline Operators of Nigeria (AON) lacks any legal authority to impose a “No Fly” ban on Comfort Emmanson or any other individual under Nigerian law.

Olajengbesi made this clear in a statement released Monday, August 11, condemning the ban as reckless and unconstitutional.

He explained that the Civil Aviation Act, 2022, and all existing Nigerian laws do not empower AON a voluntary trade association to issue or enforce nationwide flight restrictions.

Olajengbesi further emphasised that only the Nigerian Civil Aviation Authority (NCAA) has the statutory mandate to regulate and enforce flight restrictions, as clearly outlined in Sections 31 and 32 of the Civil Aviation Act.

According to Olajengbesi, AON’s actions violate Emmanson’s constitutionally guaranteed right to freedom of movement, protected under Section 41 of the 1999 Constitution (as amended).

Moreover, he criticised the rapid arraignment and remand of Emmanson, stating that denying her adequate time and facilities to prepare a defence constitutes a violation of her right to a fair hearing under Section 36 of the Constitution.

He warned that such procedural shortcuts undermine public confidence in the justice system and erode the rule of law.

Olajengbesi stressed the need for fairness and due process in every dispute, noting, “Justice must remain the bedrock of our society. Anything less invites lawlessness.”

He lamented the growing sense of impunity in Nigeria, where individuals and associations act as if the country were a “banana republic.”

He urged that authorities respect legal procedures and individual rights in cases like Emmanson’s.

The controversy follows an incident on August 10, 2025, when Comfort Emmanson, a passenger on Ibom Air flight Q9 303 from Uyo to Lagos, reportedly refused to comply with safety instructions regarding mobile phone use.

According to the AON, her defiance escalated into a violent confrontation where she allegedly assaulted multiple crew members and attempted to use a fire extinguisher as a weapon.

The organisation described the incident as “a sustained, violent attack” that endangered lives and the aircraft’s integrity.

In response, AON announced a lifetime ban on Emmanson from flying with any member airline, both domestically and internationally. AON spokesperson Professor Obiora Okonkwo affirmed that Nigeria’s aviation sector will no longer tolerate such behaviour.

The incident has raised broader concerns about rising unruly passenger behaviour, with AON citing similar cases involving musician King Wasiu Ayinde Marshal (KWAM 1) and Senator Adams Oshiomhole.

Meanwhile, Emmanson faces legal proceedings.

The Ministry of Aviation and Aerospace Development confirmed she was charged and remanded at Kirikiri Maximum Security Prison pending trial.

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