Introduction
In the realm of air travel, passengers are entitled to certain rights and are also expected to fulfilled specific responsibilities. Nigeria, like many other countries, has established laws and regulations to govern the aviation industry and protect the rights of travellers. The Civil Aviation Act 2022 (CAA) and the Nigerian Civil Aviation Regulations 2015 (NCAR) serve as the primary legal frameworks in Nigeria’s aviation sector.
Passenger Rights
According to Part 19 of the Nigerian Civil Aviation Regulations (NCERs), passengers are guaranteed various rights, including:
● The right to receive a full refund and compensation in case of flight delays or cancellations, as stipulated in Section 19(8) of the NCERs.
● The right to compensation for flight cancellations, delays, damaged or lost baggage, and denied boarding, except for reasons such as technical issues, weather conditions, air traffic control restrictions, security risks, or industrial disputes affecting flight operations.
● The right to book and confirm tickets with their preferred airline.
● The right to access a conducive airport environment before, during, and after flights.
● The right to seek redress for any irregularities experienced during a flight.
● The right to receive timely feedback regarding complaints lodged with service providers.
● The right to be fully informed about flight status.
● The right to be treated with respect and dignity regardless of race or physical condition.
Legal Framework and Court Precedents
The legal framework governing air travel in Nigeria is comprehensive, encompassing various statutes and regulations. The CAA 2022 places aviation matters under the jurisdiction of the National Assembly, with
the Federal Ministry of Transportation responsible for formulating industry policies. The Nigerian Civil Aviation Authority (NCAA) serves as the regulatory body for technical and safety issues. Under Part 19 of the NCERs, passengers departing from or arriving in Nigeria, as well as those on international flights with layovers in Nigeria, are covered by regulations regarding compensation for flight disruptions. Court precedents, such as the cases of Harka Air Serv. Nig. Ltd v. Keazor and Emirate Airline v. Ngonadi, have further clarified airlines’ liabilities for issues like delayed or denied boarding.
Right to Compensation
Part 19.8.1 of the NCERs outlines the compensation passengers are entitled to in case of flight cancellations or delays. For domestic flights, passengers shall receive at least 25% of the fare or ticket
price, while for international flights, the compensation is set at 30% of the ticket price. However, airlines are justified in cancelling flights without compensation if passengers are informed at least 24 hours in
advance.
Legal Framework for Airline Operation
The legal framework for airline operation in Nigeria extends beyond the CAA 2022 and NCARs 2015.
Additional legislation, such as the Federal Airport Authority of Nigeria Act 1996 and the Nigeria Airspace Management Act 1999, govern various aspects of aviation infrastructure and services. Furthermore, Nigeria adheres to international agreements such as the Warsaw Convention 1929, which establishes liability rules for international air travel. This convention, along with domestic laws, ensures that passengers’ rights are upheld and enforced by the relevant authorities.
Conclusion
In conclusion, passengers traveling by air in Nigeria have both rights and responsibilities. It is essential for travellers to be aware of their entitlements, including compensation for flight disruptions, and to
understand the legal framework that governs air travel. By upholding these rights and fulfilling their responsibilities, passengers can contribute to a safer and more reliable aviation environment in Nigeria.