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:
- To develop, provide and maintain the airport’s necessary services and facilities for the safe operation of flights;
- 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;
- 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;
- To provide accommodation and other facilities for the effective handling of consumers/passengers and baggage/cargo;
- To develop and provide resources for surface transport within airports;
- To provide sufficient resources and personnel for effective security at all airports;
- Generally, to create conditions for the development in the most economic and efficient manner of air transport and the services connected with it;
- The Authority has the power to stop the use of an airport, subject to the consent of the Minister of Transportation.[7]