RIGHTS OF AN AEROPLANE PASSENGER IN NIGERIA: RESPONSIBILITIES OF THE AIRLINES. 

INTRODUCTION  

There have been incessant and longstanding issues arising out of violation of passengers’ right in Nigeria. This calls for an Analysis of passengers’ right and the resultant obligations on airlines in Nigeria. Numerous laws regulate the Airline industry vis a vis the rights of airline passengers and the obligations of airline operators. Some of these laws are the 1999 Constitution of the Federal Republic of Nigeria, as amended, and the Civil Aviation Act, 2006.  

LAWS GOVERNING THE AVIATION INDUSTRY IN NIGERIA

The principal legislation governing the rights of air flight passengers in Nigeria is the Civil Aviation Act 2006 which establishes the Civil Aviation Authority. The aviation industry is equally governed by international laws, including the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), 1999 as successor to the original convention on air carrier liability, the Warsaw Convention 1929. The Montreal Convention was adopted and ratified under Nigerian law by Section 48(2) of the Civil Aviation Act 2006 following the provisions of the 1999 Constitution of Nigeria. This convention places liability on airline operators in cases of passenger deaths or injuries, delay, damage or loss of baggage and cargo. 

THE NIGERIAN CIVIL AVIATION AUTHORITY 

The Nigerian Civil Aviation Authority (NCAA) was established by the Civil Aviation Act, as the regulatory agency to oversee the Nigerian aviation industry. Its duties include safeguarding the rights of airline passengers in Nigeria.  Section 27 of the Civil Aviation Act bestows the NCAA the power to enact necessary rules and regulations to protect air passengers, which is why it implemented the Consumer Protection Regulation and established the Consumer Protection Department (CPD). 

In 2015, the Consumer Protection Regulation was introduced under Part 19 of the Civil Aviation Regulations to regulate and enforce airline passengers’ rights. The regulation governs passenger rights and airlines’ obligations to passengers. It also addresses consumer protection issues and sets out the compensation for overbooking, denied boarding, flight delays and cancellations. 

However, the scope CPD’s power is limited to passengers travelling from: 

1. One Nigerian airport to 
2. an airport outside Nigeria to a Nigerian airport; and
3. A Nigerian airport to an airport outside Nigeria.

BASIC RIGHTS OF AIRLINE PASSENGERS  

The basic rights of airline passengers include the right to  

1. Be fully informed about flight status; and
2. Receive compensation for: a) Flight cancellations or b) Damaged or lost baggage; and c) Denied boarding for non-technical reasons, weather conditions, air traffic control restrictions, security risks and industrial disputes that affect the flight’s operation.

FLIGHT DELAY – RIGHTS OF A DOMESTIC FLIGHT PASSENGER  

1. Where a domestic flight’s scheduled departure time is delayed by one hour, the airline must provide passengers with free refreshments and the ability to make phone calls or send text messages or emails.
2. Where the delay is at a time between 10 p.m. and 4 a.m., or at a time when the airport is closed at the point of departure or final destination, hotel accommodation and transport between the airport and place of accommodation (hotel or other accommodation) must be provided by the airline.
3. Where a domestic flight is delayed by more than two hours, passengers are entitled to immediate cash for reimbursement of the full cost of their ticket.

FLIGHT DELAY – RIGHTS OF AN INTERNATIONAL FLIGHT PASSENGER  

For delays of international flights, air carrier assistance is to include: 

1. Compensation of at least 30% of the passenger’s ticket price
2. Two telephone calls, text messages or emails free of charge
3. Hotel accommodation; and
4. Transport between the airport and place of accommodation.

FLIGHT CANCELLATION – RIGHTS OF A DOMESTIC FLIGHT PASSENGER

In the case of a domestic flight’s cancellation, passengers are entitled to compensation of 25% of their fare (unless re-routed or provided an alternative flight) in addition to their right to an immediate cash reimbursement of the full cost of the ticket if the flight no longer serves any purpose in relation to their original travel plan.  

Passengers affected by flight cancellations or delays of at least one hour are entitled to be given a written notice stating the procedure for compensation and assistance under the Consumer Protection Regulation.  Part 1 of the Consumer protection regulation (made pursuant to the Consumer Protection Act) stipulates recommended fines and penalties for violations of passenger rights, for example, it provides for a penalty of N50,000 to N100,000 where an airline staff member is discourteous to passengers. Further, failure to provide passengers with the proper assistance in the case of a cancellation will result in a penalty between N100,000 to N200,000 in addition to the prescribed compensation. 

Also, passengers are to be informed of the cancellation at least 24 hours before the scheduled time of departure. Passengers are also entitled to an immediate cash reimbursement for cancelled domestic flights. 

FLIGHT CANCELLATION – RIGHTS OF A DOMESTIC FLIGHT PASSENGER  

International flights passengers are to be informed of flight cancellation at least seven (7) days before the scheduled time of departure or where they are informed less than seven days before the scheduled time of departure, such passengers are to be offered re-routing according to terms specified in the Nigeria Civil Aviation Regulations.  

Also,  international flights passengers are entitled to reimbursement within fourteen days at the purchase price for the part or parts of the journey not made or for the part or parts already made if the flight is no longer serving any purpose with the passenger’s original travel plan, together with, when relevant, a return flight to the first point of departure at the earliest opportunity. 

INVOLUNTARY BOARDING DENIAL  

If boarding is denied to passengers involuntarily, the air carrier must immediately compensate the affected passengers. Affected passengers are entitled to refreshments, meals, hotel accommodation, transport fare, and telephone calls. 

MINORS AND DISABLED PASSENGERS 

Air carriers must give priority to persons with reduced mobility and anyone accompanying them, unaccompanied minors, and families (maximum of two adults) where at least one child is aged five years or under. 

LOST, DAMAGED OR DESTROYED LUGGAGE 

Where a passenger’s baggage is lost or suffers any damage attributable to the air carrier, the passenger is entitled to compensation. 

CONCLUSION  

In conclusion, the rights of Airplane passengers have evolved over the years; it is protected by numerous local and international laws. It, therefore,  remains a mystery why daily infractions of these rights occur, and passengers fail to enforce their rights and seek compensation.  

REFERENCE 

1. Nigeria 1999 Constitution (as Amended)
2. Civil Aviation Act
3. Federal Competition and Consumer Protection Act 2018
4. Consumer Protection Act (2004)
5. Consumer Protection regulation
6. Civil Aviation Regulation
7. https://iclg.com/practice-areas/aviation-laws-and-regulations/nigeria
8. https://www.mondaq.com/nigeria/aviation/1039932/consumer-protection-in-the-aviation-industry-liability-of-airline-carriers-over-lost-baggage