‘Airline Operators Has No Power To Ban Anyone From Flying’ – Popular Lawyer Olajengbesi

Legal practitioner Pelumi Olajengbesi has faulted the decision of the Airline Operators of Nigeria (AON) to place a woman involved in a physical altercation on a “No Fly” list, describing the move as unconstitutional and legally baseless.

Olajengbesi, in a statement on Monday, said the association’s action was “reckless” and an “affront” to the Nigerian Constitution, arguing that AON, being a voluntary trade group, lacked the statutory authority to impose such restrictions.

“There is no provision of the Civil Aviation Act, 2022, nor any other extant law in Nigeria, that empowers the AON to impose a No Fly ban on any individual,” he said. “The only body legally empowered to issue and enforce nationwide flight restrictions is the Nigerian Civil Aviation Authority (NCAA), pursuant to Sections 31 and 32 of the Civil Aviation Act, 2022.”

According to him, the purported ban violated Section 41 of the 1999 Constitution (as amended), which guarantees the right to freedom of movement. He warned that such unilateral decisions by non-regulatory bodies risk undermining the rule of law and edging the country towards “impunity.”

Olajengbesi also criticised the swift arraignment and remand of the woman, alleging she was denied adequate time and facilities to prepare her defence. He described the development as “an abuse of the judicial process” and a breach of her right to fair hearing under Section 36 of the Constitution.

“In every dispute, there are always two sides to the coin,” he said, and added “Not even a native doctor can determine who is right or wrong without hearing from both parties. Justice must remain the bedrock of our society; anything less is an invitation to lawlessness.”