Passengers vs. Airlines: Rights, Liabilities, and Legal Remedies in Nigeria

Contributor: By Janeth Udoka

Introduction
Air travel in Nigeria often faces challenges such as flight delays, missing luggage, and cancellations, leading to public frustration. Many passengers are unaware of their rights under Nigerian law, including compensation and care during long delays. Conversely, travellers must also adhere to appropriate conduct and follow complaint procedures for redress. This highlights the importance of understanding air travellers’ rights in Nigeria^[1]. Recent viral altercations between passengers and airline crew have generated widespread debate regarding the scope of rights and liabilities under Nigerian civil aviation law. On August 7, 2025, a video circulated online showing Fuji musician Wasiu Ayinde (K1 De Ultimate) purportedly obstructing a ValueJet aircraft from taxiing following a disagreement with cabin crew over the inspection of a hand-flask he attempted to bring onboard^[2]. Days later, another video showed Miss Comfort Emmanson being forcibly removed from an Ibom Air flight after refusing to switch off her phone during take-off^[3]. These incidents have prompted extensive public discussion regarding the legality of the actions of both passengers and airline crew. This article provides a structured review of the legal framework that governs such conduct, focusing on the Constitution of the Federal Republic of Nigeria 1999, the Civil Aviation Act 2022, and the Nigeria Civil Aviation Regulations 2023.

What Rights Does the Law Provide?

The Civil Aviation Act, 2022 establishes the Nigerian Civil Aviation Authority (NCAA) and empowers its Consumer Protection Department to enforce passenger rights as per the Nigerian Civil Aviation Regulations (NCAR) (Part 19), mandating fair compensation for passengers affected by delays, cancellations, baggage issues, and denied boarding^[4].

RIGHTS AND LIABILITIES OF PASSENGERS AND AIR CARRIERS
Passenger-air carrier relationships are guided by statutes and contracts, with statutory rights considered implied in air carriage contracts. Additional rights and liabilities can arise from contracts agreed upon by the parties. Passengers generally cannot negotiate the terms due to air carriers’ dominant position. This section explores the rights and liabilities of both passengers and air carriers as specified in the conditions of carriage and relevant statutes^[5].

Rights of Passengers

To examine passengers’ rights and liabilities in Nigeria, it is essential to reference relevant contracts and applicable laws. Key rights include the rights to be informed, to carriage, to compensation for delays, to baggage protection, to non-discrimination, and to human dignity:

Right to Information

A passenger must be informed of the reasons for any cancellation, delay, or denial of boarding. According to Part 19 of the NCAR, notifications for cancellations must be made at least 24 hours prior for domestic flights and 7 days for international flights.^[6]

NCAR requires airlines to prominently display a notice to inform passengers of their rights, specifically stating that if denied boarding or if their flight is canceled or delayed for at least one hour, they should request a written statement from airline officials regarding their rights^[7]. Besides, each passenger affected should be provided with a written notice setting out the procedures for compensation and assistance^[8]. The article mentions that compensation procedures will be outlined later and emphasizes the need for alternative methods to inform passengers who are illiterate or have disabilities about their rights.^[9]. In tarmac delay situations after aircraft doors are shut for take-off, passengers must receive updates on the delay reason and status every 30 minutes^[10]. A passenger has a right to information regarding necessary documents for check-in, deadlines, refund and rebooking policies, and procedures for delayed or cancelled flights^[11]. The right of information for passengers includes knowing the terms and conditions of carriage before ticket purchase, typically found in airline fare rules. Airlines generally require passengers to electronically accept these rules prior to booking, often through a consent checkbox^[12].

Right to Carriage and Safety
Upon issuance of an air ticket, passengers are entitled to safe carriage to their destination. However, this right is not absolute, as air carriers may reasonably deny boarding, cancel, or delay flights, as illustrated in the case KLM Royal Dutch Airlines v. Taher^[13], where the court held that:
‘Contracts of carriage by air are unique, allowing airlines to determine whether to transport a passenger and their baggage, meaning holding a ticket does not guarantee passage. The conditions of carriage clarify that airlines are not legally obliged to honor flight arrangements and retain rights to deny boarding or cancel flights even after check-in, particularly if a passenger’s documentation is considered suspicious. Consequently, an agreement to transport includes provisions that passengers may not be carried if their documentation is invalid or dubious. Ultimately, the airline’s discretion in carrying a passenger must be exercised reasonably’.

The airline’s right not to fly is contingent upon providing the passenger with prompt feedback and the required compensation. The focus now shifts to the right to compensation.

Right to Baggage Protection

Baggage refers to the personal property of passengers or crew carried on an aircraft^[14]. Passengers have the right to the protection of their baggage from destruction, damage and loss^[15]. Should the baggage of a passenger be destroyed, damaged or lost, the passenger will be entitled to compensation^[16].

Right to Non-Discrimination

A passenger should not be discriminated against on any basis, whether as to sex, age, race or otherwise^[17]. The right to non-discrimination is rooted in the CFRN^[18]. In accordance with regulation 19.12 of NCAR Consumer Protection, the Authority establishes a special regulation for individuals with reduced mobility or special needs.

Right to Dignity of Human Person
Every passenger has the right to the dignity of the human person, such that (s)he should not be subject to torture or to inhuman or degrading treatment^[19]. Though constitutionally founded in the CFRN, this right pertains to the passenger-air carrier relationship. A breach of this right does not guarantee express compensation under the NCAA, but a claim for breach of fundamental rights can be pursued under the Fundamental Rights (Enforcement Procedure) Rules, 2009.

Liabilities of Passengers

Apart from the rights of passengers discussed above, there are also possible liabilities for wrongdoings. Some of these liabilities are briefly discussed below.

Liability of Passenger for Refusing Security Checks

The conditions of carriage require the passenger to permit search and scanning to be carried out both on his person and baggage^[20]. Passengers must comply with security checks before boarding an aircraft, or they face a penalty of at least ₦500,000^[21].

Liability of Passenger for Forgery or Counterfeiting

Any passenger who forges, counterfeits, alters, or falsely creates any document issued by the Authority or airline is committing an offense punishable by a fine up to One Million Naira (₦1,000,000), imprisonment for up to one year, or both^[22].

Liability of Passenger for Interfering with Air Navigation

Any unlawful interference with air navigation and meteorological facilities that jeopardizes aircraft safety can result in a fine of at least Two Million Naira (₦2,000,000), one year imprisonment, or both upon conviction^[23].

Liability of Passenger for Hijacking
A passenger commits hijacking by unlawfully boarding an aircraft, using force, threat, coercion, intimidation, or technology to seize or exert unlawful control over the aircraft^[24].

Liabilities of Air CarriersThe following are some of their liabilities.

Liability to extend ticket to the next available flight or refund
In cases of flight cancellation or delay by the airline, or if the airline cannot provide a confirmed seat, it must extend the passenger’s ticket for travel on the next available flight or honor the request for a refund^[25].

Liability for Dangerous Flying

An airline operator can be held liable for endangering lives and property during aircraft operation, regardless of the environment (land, air, or water). This liability extends to the airline, pilot, and any responsible parties, and is punishable by a fine of at least Two Million Naira (₦2,000,000), imprisonment for at least two years, or both^[26].

Liability for Death and Injury of Passenger
Passengers or their legal representatives are entitled to compensation for death or injury on an airline’s aircraft, with at least USD30,000 payable within 30 days following an accident. Airlines can limit their liability if it is proven that the passenger’s actions contributed to the incident. For compensation exceeding USD100,000, airlines may generally not exclude or limit liability unless it is shown that neither they nor their agents caused the injury, or that a third party was responsible^[27].

Liability for Delay, Cancellation or Denial of Passengers from Boarding

The air carrier is liable to compensate passengers for flight delays, cancellations, and unreasonable denial of boarding^[28].

Conclusion:
Nigerian civil aviation law creates a clear balance between the rights and responsibilities of both passengers and airlines. Passengers are entitled to safety, dignity, information, and compensation, but must also comply with security procedures and lawful crew instructions. Airlines, on their part, must ensure safe carriage, provide prompt communication, and compensate passengers where required. The recent incidents involving K1 De Ultimate and Miss Comfort Emmanson highlight the importance of understanding these legal obligations. Ultimately, adherence to the Civil Aviation Act, NCAR, and constitutional safeguards promotes safer and more accountable air travel in Nigeria.

REFERENCE

1. Flying Smart In Nigeria: A Guide To Passengers And Airline Rights And Obligations; By Gbemisola Mosuro, Sharon Okpo & Florence Edward; Tunde & Adisa Legal Practitioners. Available at https://tundeadisa.com/wp-content/uploads/2025/10/Flying-Smart-In-Nigeria-A-Guide-To-Passengers-And-Airline-Rights-And-Obligations.pdf accessed November 2025. ↑
2. Okiki Adeduyite ‘NCAA stops Fuji Star K1 de Ultimate from Flying for Six Months’ (Punch, August5, 2025) available at https://punchng.com/ncaa-to-blacklist-fuji-star-k1-de-ultimate-for-six-months-over-airport-conduct/ accessed on November 2025. ↑
3. The video can be assessed via https://www.youtube.com/watch?v=OlfbI8uFjRo accessed on November, 2025. ↑
4. Ibid. ↑
5. Ibid. ↑
6. NCAR 2023, Part 19, regulation 19.7.1.1. ↑
7. regulation 19.17.1.1. ↑
8. regulation 19.17.1.2. ↑
9. regulation 19.17.1.3. ↑
10. regulation 19.6.3. ↑
11. regulation 19.21. ↑
12. ValueJet, ‘Your Trip Details’ https://flyvaluejet.com/flightresult?requestInfo=dep:%27ABV%27,arr:%27JOS%27,on:%272025-10-15%27,till:%27%27,p.a:1,p.c:0,p.i:0 accessed on November, 2025. ↑
13. (2014) 3 NWLR (Pt. 1393) 137. ↑
14. NCAR 2023, regulation 19.1.2 ↑
15. CAA 2 nd Schedule, Article 17(2). ↑
16. NCAR regulation 19.18.2.1(a) and (b); CAA, 2nd Schedule, Article 17(2). ↑
17. NCAR 2023, regulation 19.12.1.2. ↑
18. CFRN 1999 section 42. ↑
19. CFRN 1999 section 34. ↑
20. CAA section 55(3). ↑
21. CAA 2nd Schedule, Article 17(1); Harka Air Serv. Nig. Ltd. v. Keazor (2011) 13 NWLR (Pt. 1264) 320. ↑
22. Ibid. Article 20(2). ↑
23. Ibid. Article 21(1) and (2). ↑
24. Ibid., section 82. ↑
25. IbomAir, ‘Conditions of Carriage’ Article 3.3.2; ValueJet, ‘Terms and Conditions: Agreement between you and ValueJet’, Article 9.2. ↑
26. CAA 2022, section 81(1). ↑
27. Ibid., Article 20(1). ↑
28. Ibid., Article 21(1) and (2). ↑