Prominent Nigerian lawyer, Pelumi Olajengbesi, has strongly criticised the decision by the Airline Operators of Nigeria (AON) to place a female passenger involved in a physical altercation on its “No Fly” list, declaring the action unconstitutional, unlawful, and devoid of any statutory basis.
In a statement issued on Monday, Olajengbesi described the association’s move as “reckless” and “an affront to the supremacy of the Nigerian Constitution.” He argued that the AON, being merely a voluntary trade group of airline owners, has no legal powers to impose nationwide flight restrictions on any individual.
“There is no provision in the Civil Aviation Act, 2022, or any other extant Nigerian law, that empowers the AON to impose a No Fly ban on any person,” Olajengbesi stated. “The only body with statutory authority to issue and enforce such restrictions across all airlines is the Nigerian Civil Aviation Authority (NCAA), as clearly provided under Sections 31 and 32 of the Civil Aviation Act, 2022.”
The Abuja-based legal practitioner emphasised that the right to freedom of movement, as enshrined in Section 41 of the 1999 Constitution (as amended), cannot be curtailed by a private association acting outside the scope of the law. He warned that allowing non-regulatory bodies to impose punitive sanctions of this magnitude risked eroding public confidence in lawful governance and pushing the country towards “a culture of impunity.”
Olajengbesi also raised concerns about the handling of the woman’s case in court. According to him, the accused was swiftly arraigned and remanded without being afforded sufficient time and resources to prepare her defence. He described the judicial process in this instance as “hasty,” “unfair,” and a clear violation of the constitutional right to a fair hearing guaranteed under Section 36.
“In every dispute, there are always two sides to the coin,” Olajengbesi 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 open invitation to lawlessness.”
The lawyer called on relevant authorities, particularly the NCAA, to publicly clarify the legal limits of the AON’s powers and ensure that any sanctions on passengers comply strictly with statutory procedures. He further urged the judiciary to guard against abuses of process that could jeopardise public trust in the courts.
This controversy has sparked a wider debate about the rights of passengers, the scope of industry associations’ powers, and the need for strict adherence to due process in both administrative and judicial actions within Nigeria’s aviation sector.
